R. v. Coulson

R. v. Coulson

Given the aggravating dial-a-dope context, Coulson's recent and serious record including breach of probation, and the need for general deterrence in a small community, a conditional sentence would not achieve deterrence or rehabilitation; a custodial sentence of six months followed by 12 months probation with specified conditions and ancillary orders is appropriate.

Citation
2009 BCSC 126
Parties
Crown: Regina; Accused: Dylan Ross Coulson; Co Accused: Clarence Kyle McDougall
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 February 2009
Procedural Posture
Criminal / Sentencing
Outcome
Accused pleaded guilty and was sentenced to six months imprisonment followed by probation and ancillary orders.
Legal Topics
Trafficking, Dial a Dope Operations, Conditional Sentence, Deterrence, Probation Conditions, Methadone Maintenance
Source Language
English
Criminal Law Drug Offences Sentencing Trafficking Dial a Dope Operations Conditional Sentence Deterrence Probation Conditions +1 more

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Parties

Regina

Crown

Dylan Ross Coulson

Accused

Clarence Kyle McDougall

Co Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate
  2. 2 Appropriate length of custodial sentence for trafficking in a dial-a-dope operation
  3. 3 Role of general and specific deterrence versus rehabilitation

Ratio Decidendi

Given the aggravating dial-a-dope context, Coulson's recent and serious record including breach of probation, and the need for general deterrence in a small community, a conditional sentence would not achieve deterrence or rehabilitation; a custodial sentence of six months followed by 12 months probation with specified conditions and ancillary orders is appropriate.

Court Disposition

Accused pleaded guilty and was sentenced to six months imprisonment followed by probation and ancillary orders.

Orders

  • Six months imprisonment.
  • Twelve months probation commencing upon release with conditions: keep the peace and be of good behaviour; report to probation officer within one week of release and thereafter as directed; not be in possession of any proscribed substance under the Controlled Drugs and Substances Act unless prescribed and submit to...