R. v. Butt

R. v. Butt

Because the large quantities of cocaine, the accused's trusted middleman role in the trafficking chain, and his criminal record outweighed his mitigation (health and rehabilitation efforts), a custodial sentence exceeding two years was required; accordingly a conditional sentence was not available and a sentence of three and one half years was imposed, with ancillary orders for firearms prohibition and DNA.

Citation
2009 NSSC 350
Parties
Crown: Her Majesty the Queen; Accused: Robert James Butt
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 November 2009
Procedural Posture
Criminal Possession for the Purpose of Trafficking / Sentencing
Outcome
Accused sentenced to three and one half years imprisonment; lifetime firearms prohibition and DNA order; recommendation to Corrections for placement and treatment.
Legal Topics
Sentencing, Trafficking, Cocaine, Conditional Sentence, Firearms Prohibition, DNA Order
Source Language
English
Criminal Law Sentencing Trafficking Cocaine Conditional Sentence Firearms Prohibition DNA Order

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Parties

Her Majesty the Queen

Crown

Robert James Butt

Accused

Procedural Posture

Criminal Possession for the Purpose of Trafficking / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is available
  2. 2 Appropriate length of sentence for trafficking large quantities of cocaine
  3. 3 Weight to be given to offender's role as a middleman

Ratio Decidendi

Because the large quantities of cocaine, the accused's trusted middleman role in the trafficking chain, and his criminal record outweighed his mitigation (health and rehabilitation efforts), a custodial sentence exceeding two years was required; accordingly a conditional sentence was not available and a sentence of three and one half years was imposed, with ancillary orders for firearms prohibition and DNA.

Court Disposition

Accused sentenced to three and one half years imprisonment; lifetime firearms prohibition and DNA order; recommendation to Corrections for placement and treatment.

Orders

  • Three and one half years imprisonment
  • Lifetime prohibition on possession of firearms