R. v. Collins

R. v. Collins

The court found that special circumstances existed—principally the offender's lack of prior record at the time of the offence, sustained steps toward rehabilitation, stable employment, long-term compliance with reporting and community support—such that the s.742.1 preconditions were satisfied and a nine-month...

Source-derived case information.

Citation
2014 BCSC 1411
Parties
Crown: Regina; Accused: Dimitri James Collins
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 March 2014
Procedural Posture
Criminal: Controlled Drugs and Substances Act S.5(2) Trafficking / Sentencing
Outcome
Conditional sentence of nine months imposed to be served in the community followed by probation for one year; ancillary orders including weapons prohibitions, DNA sample and victim surcharge.
Legal Topics
Trafficking, Dial a Dope, Conditional Sentence, Rehabilitation, Denunciation and Deterrence, Weapons
Source Language
english
Criminal Law Sentencing Controlled Drugs and Substances Act Trafficking Dial a Dope Conditional Sentence Rehabilitation Denunciation and Deterrence +1 more

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Parties

Regina

Crown

Dimitri James Collins

Accused

Procedural Posture

Criminal: Controlled Drugs and Substances Act S.5(2) Trafficking / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for a dial-a-dope trafficking offence
  2. 2 Application of s.742.1 preconditions for serving sentence in the community
  3. 3 Weighing aggravating factors (dial-a-dope operation, weapons) against mitigating factors (rehabilitation, lack of prior record)

Ratio Decidendi

The court found that special circumstances existed—principally the offender's lack of prior record at the time of the offence, sustained steps toward rehabilitation, stable employment, long-term compliance with reporting and community support—such that the s.742.1 preconditions were satisfied and a nine-month conditional sentence, followed by one year probation, was a fit and proportionate disposition despite the aggravating nature of a dial-a-dope operation and presence of potential weapons.

Court Disposition

Conditional sentence of nine months imposed to be served in the community followed by probation for one year; ancillary orders including weapons prohibitions, DNA sample and victim surcharge.

Orders

  • Prohibition under Criminal Code s.109(c): no firearms, crossbows, prohibited or restricted weapons, prohibited devices, ammunition or explosives for ten years; certain prohibited items for life
  • DNA sample to be provided pursuant to s.487.051 no later than April 18, 2014 at New Westminster Police Station