R. v. Lounsbury

R. v. Lounsbury

Applying s.718 and the Proulx framework the judge found the accused posed insufficient risk to the community to require custodial incarceration, given lack of prior record, small quantity, her unsophisticated role and demonstrable rehabilitation; a conditional sentence of six months concurrent on each count with 18 months probation was appropriate to satisfy denunciation, deterrence and rehabilitation while protecting the community.

Citation
2007 NSPC 80
Parties
Crown: Her Majesty the Queen; Accused: Kristal Irene Lounsbury
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 August 2007
Procedural Posture
Criminal Trafficking and Possession (controlled Drugs and Substances Act) / Sentencing / Disposition (post Trial)
Outcome
Conditional sentence imposed
Legal Topics
Trafficking, Possession for Purpose of Trafficking, Conditional Sentence, Deterrence and Denunciation, Proulx Analysis, Parity
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Corrections Trafficking Possession for Purpose of Trafficking Conditional Sentence Deterrence and Denunciation +2 more

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Parties

Her Majesty the Queen

Crown

Kristal Irene Lounsbury

Accused

Procedural Posture

Criminal Trafficking and Possession (controlled Drugs and Substances Act) / Sentencing / Disposition (post Trial)

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for trafficking into a federal institution
  2. 2 Application of section 718 sentencing principles and Proulx factors
  3. 3 Balancing deterrence and denunciation with rehabilitation and individual circumstances

Ratio Decidendi

Applying s.718 and the Proulx framework the judge found the accused posed insufficient risk to the community to require custodial incarceration, given lack of prior record, small quantity, her unsophisticated role and demonstrable rehabilitation; a conditional sentence of six months concurrent on each count with 18 months probation was appropriate to satisfy denunciation, deterrence and rehabilitation while protecting the community.

Court Disposition

Conditional sentence imposed

Orders

  • Conditional sentence of six months on each count, to be served concurrently
  • 18 months probation on each count to follow the conditional sentence