R. v. Win

R. v. Win

Despite the accused's mitigating factors, the seriousness of repeated cocaine trafficking, the profit motive from others' addictions and the need for denunciation and deterrence made a conditional sentence inappropriate; incarceration of 15 months concurrent on each count was required.

Citation
2000 BCSC 1929
Parties
Prosecution: Her Majesty the Queen; Accused: Habib Maung Win
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 July 2000
Procedural Posture
Criminal Trafficking (controlled Drugs and Substances Act) / Sentencing (reasons for Sentence)
Outcome
Accused sentenced to concurrent terms of 15 months' imprisonment on each of seven counts of trafficking; no probation order imposed.
Legal Topics
Trafficking, Conditional Sentence, Denunciation, Deterrence, Mitigation and Personal Circumstances
Source Language
English
Criminal Law Sentencing Drug Offences Controlled Drugs and Substances Act Trafficking Conditional Sentence Denunciation Deterrence +1 more

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Parties

Her Majesty the Queen

Prosecution

Habib Maung Win

Accused

Procedural Posture

Criminal Trafficking (controlled Drugs and Substances Act) / Sentencing (reasons for Sentence)

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for multiple counts of cocaine trafficking
  2. 2 Appropriate weight to give to denunciation and deterrence in sentencing for drug trafficking
  3. 3 Whether personal mitigation (no prior record, family responsibilities, employment, community ties) justifies non‑custodial sentence

Ratio Decidendi

Despite the accused's mitigating factors, the seriousness of repeated cocaine trafficking, the profit motive from others' addictions and the need for denunciation and deterrence made a conditional sentence inappropriate; incarceration of 15 months concurrent on each count was required.

Court Disposition

Accused sentenced to concurrent terms of 15 months' imprisonment on each of seven counts of trafficking; no probation order imposed.

Orders

  • Concurrent sentences of 15 months' imprisonment on each of the seven counts of trafficking
  • No probation order to follow release