R. v. Masters

R. v. Masters

Balancing the significant mitigating factors (youth, first offender status, addiction, guilty plea, engagement in treatment) against the gravity of possessing Schedule 1 drugs for trafficking and the need for denunciation and general deterrence, a custodial sentence is required but may be reduced from the typical federal range; the appropriate sentence is 90 days imprisonment followed by three years probation, with ancillary orders granted.

Citation
2017 NSPC 75
Parties
Crown: Her Majesty the Queen; Accused: David James Masters
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 October 2017
Procedural Posture
Criminal Controlled Drugs and Substances Act S.5(2) Possession for the Purpose of Trafficking / Sentencing Hearing Following Guilty Plea
Outcome
Guilty plea accepted; sentence imposed: 90 days imprisonment and three years probation.
Legal Topics
Trafficking, Possession for Purpose of Trafficking, First Offender Principle, Denunciation and Deterrence, Conditional Sentence
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Trafficking Possession for Purpose of Trafficking First Offender Principle Denunciation and Deterrence Conditional Sentence

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Parties

Her Majesty the Queen

Crown

David James Masters

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act S.5(2) Possession for the Purpose of Trafficking / Sentencing Hearing Following Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking under s.5(2) CDSA
  2. 2 Whether a non-custodial or conditional sentence is justified in light of mitigating factors
  3. 3 Whether the circumstances are exceptional to depart from the usual range of incarceration for Schedule 1 trafficking

Ratio Decidendi

Balancing the significant mitigating factors (youth, first offender status, addiction, guilty plea, engagement in treatment) against the gravity of possessing Schedule 1 drugs for trafficking and the need for denunciation and general deterrence, a custodial sentence is required but may be reduced from the typical federal range; the appropriate sentence is 90 days imprisonment followed by three years probation, with ancillary orders granted.

Court Disposition

Guilty plea accepted; sentence imposed: 90 days imprisonment and three years probation.

Orders

  • 90 days imprisonment
  • Three-year probation order