R. v. Corbett

R. v. Corbett

The court accepted the joint recommendation and imposed a four year federal sentence consecutive to any sentence currently being served because the court found on factual grounds that the accused acted as a courier/mule rather than a supplier, making the agreed sentence appropriate; the court also ordered forfeiture of items seized, a DNA sample requirement, and a lifetime firearms prohibition under s.109, and declined to impose a victim fine surcharge.

Citation
2013 NSSC 78
Parties
Crown: Her Majesty the Queen; Accused: Justin Alexander Corbett
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 February 2013
Procedural Posture
Criminal Sentencing / Sentencing
Outcome
Accepted joint recommendation; sentence imposed
Legal Topics
Sentencing Principles, Joint Recommendation, Consecutive Sentence, Forfeiture, DNA Order, Firearms Prohibition, Parole
Source Language
English
Criminal Law Sentencing Drugs Offences Sentencing Principles Joint Recommendation Consecutive Sentence Forfeiture DNA Order +2 more

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Parties

Her Majesty the Queen

Crown

Justin Alexander Corbett

Accused

Procedural Posture

Criminal Sentencing / Sentencing

Legal Issues

  1. 1 Whether the joint recommendation for a four year sentence should be accepted
  2. 2 Whether the offender's role was courier/mule or supplier affecting sentencing range
  3. 3 Whether the sentence should be consecutive to the current sentence

Ratio Decidendi

The court accepted the joint recommendation and imposed a four year federal sentence consecutive to any sentence currently being served because the court found on factual grounds that the accused acted as a courier/mule rather than a supplier, making the agreed sentence appropriate; the court also ordered forfeiture of items seized, a DNA sample requirement, and a lifetime firearms prohibition under s.109, and declined to impose a victim fine surcharge.

Court Disposition

Accepted joint recommendation; sentence imposed

Orders

  • Incarceration in a federal institution for four years consecutive to any sentence presently being served.
  • Items seized on October 17, 2011 forfeited to the Crown.