R. v. Casey

R. v. Casey

Court found exceptional circumstances (youth, single unrelated prior conviction, remorse, stable employment and family responsibilities, demonstrable rehabilitation and community involvement) such that a suspended sentence with 36 months probation, substantial conditions and monitored reporting would satisfy denunciation, general deterrence and protection of the public without incarceration; accordingly the passing of sentence was suspended and probation imposed with ancillary orders.

Citation
2017 NSPC 55
Parties
Crown: Her Majesty the Queen; Accused: Tyvon Randell Casey
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 March 2017
Procedural Posture
Criminal (controlled Drugs and Substances Act Trafficking) / Sentencing After Guilty Plea
Outcome
Passing of sentence suspended; accused placed on probation for 36 months; ancillary orders imposed.
Legal Topics
Trafficking, Sentencing Principles, Youthful Offender, Suspended Sentence, Probation, Denunciation and Deterrence, Controlled Drugs and Substances Act S.10
Source Language
English
Criminal Law Drug Offences Sentencing Trafficking Sentencing Principles Youthful Offender Suspended Sentence Probation +2 more

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Parties

Her Majesty the Queen

Crown

Tyvon Randell Casey

Accused

Procedural Posture

Criminal (controlled Drugs and Substances Act Trafficking) / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether a custodial sentence is required for cocaine trafficking
  2. 2 Whether exceptional circumstances justify a non‑custodial sentence
  3. 3 Application of s.718, s.718.1 and s.718.2 Criminal Code and s.10 CDSA

Ratio Decidendi

Court found exceptional circumstances (youth, single unrelated prior conviction, remorse, stable employment and family responsibilities, demonstrable rehabilitation and community involvement) such that a suspended sentence with 36 months probation, substantial conditions and monitored reporting would satisfy denunciation, general deterrence and protection of the public without incarceration; accordingly the passing of sentence was suspended and probation imposed with ancillary orders.

Court Disposition

Passing of sentence suspended; accused placed on probation for 36 months; ancillary orders imposed.

Orders

  • Suspended passing of sentence and probation order for 36 months
  • Statutory probation conditions including periodic reporting to Court (initial reporting every 3 months) with first report scheduled June 5, 2017 at 9:30 am