R. v. Morrison

R. v. Morrison

Given possession of approximately 59 grams of cocaine with evidence of ongoing retail distribution and daily involvement, denunciation and general deterrence required a custodial sentence; mitigating factors (no prior record, genuine remorse, work history, demonstrated rehabilitation and strong family support) warranted a sentence substantially below the Crown's two‑year position but more than a suspended sentence—resulting in 8 months custody followed by 12 months probation with specified conditions and ancillary orders.

Citation
2019 NSPC 38
Parties
Crown: Her Majesty the Queen; Accused: Derick Chad Morrison
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 September 2019
Procedural Posture
Criminal Trafficking (cdsa S.5(2)) / Sentencing
Outcome
Accused found guilty on plea; sentenced to 8 months imprisonment followed by 12 months probation; ancillary orders imposed.
Legal Topics
Trafficking, Sentence Mitigation, Denunciation and Deterrence, Probation, Ancillary Orders
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Trafficking Sentence Mitigation Denunciation and Deterrence Probation Ancillary Orders

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Parties

Her Majesty the Queen

Crown

Derick Chad Morrison

Accused

Procedural Posture

Criminal Trafficking (cdsa S.5(2)) / Sentencing

Legal Issues

  1. 1 Whether a non‑custodial or custodial sentence is appropriate for possession for the purpose of trafficking
  2. 2 Proper weight to give quantity and frequency of trafficking versus mitigating factors (remorse, rehabilitation, no prior record)
  3. 3 Whether 'exceptional circumstances' are required to impose a suspended sentence

Ratio Decidendi

Given possession of approximately 59 grams of cocaine with evidence of ongoing retail distribution and daily involvement, denunciation and general deterrence required a custodial sentence; mitigating factors (no prior record, genuine remorse, work history, demonstrated rehabilitation and strong family support) warranted a sentence substantially below the Crown's two‑year position but more than a suspended sentence—resulting in 8 months custody followed by 12 months probation with specified conditions and ancillary orders.

Court Disposition

Accused found guilty on plea; sentenced to 8 months imprisonment followed by 12 months probation; ancillary orders imposed.

Orders

  • 8 months incarceration at Cape Breton Correctional Centre
  • 12 months probation with conditions: abstain from alcohol and illicit drugs; attend counselling for drug use; mental health counselling if deemed necessary by probation service; not to associate with persons known to have a CDSA record except incidental to employment, counselling, or immediate family