R. v. Tokic

R. v. Tokic

Given repeated planned sales of cocaine, the absence of addiction or financial necessity, evidence of prior sales and the paramount need for general deterrence in cocaine cases, a custodial federal sentence of two years concurrent on each count is required to satisfy denunciation and deterrence; a conditional/community sentence would be inadequate.

Citation
2002 NSSC 54
Parties
Crown: Her Majesty the Queen; Accused: Paul Tokic
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 February 2002
Procedural Posture
Criminal Trafficking (controlled Drugs and Substances Act) / Sentencing
Outcome
Accused convicted and sentenced to two years' imprisonment on each of four counts to be served concurrently; mandatory weapons prohibition imposed pursuant to s.109 Criminal Code.
Legal Topics
Trafficking, General Deterrence, Conditional Sentence, Pre Sentence Report
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Trafficking General Deterrence Conditional Sentence Pre Sentence Report

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Parties

Her Majesty the Queen

Crown

Paul Tokic

Accused

Procedural Posture

Criminal Trafficking (controlled Drugs and Substances Act) / Sentencing

Legal Issues

  1. 1 Appropriate sentence for repeated small-quantity cocaine trafficking
  2. 2 Whether a conditional/community sentence is adequate given need for general deterrence
  3. 3 Assessment of aggravating and mitigating factors in sentencing

Ratio Decidendi

Given repeated planned sales of cocaine, the absence of addiction or financial necessity, evidence of prior sales and the paramount need for general deterrence in cocaine cases, a custodial federal sentence of two years concurrent on each count is required to satisfy denunciation and deterrence; a conditional/community sentence would be inadequate.

Court Disposition

Accused convicted and sentenced to two years' imprisonment on each of four counts to be served concurrently; mandatory weapons prohibition imposed pursuant to s.109 Criminal Code.

Orders

  • Two years' imprisonment on each of four counts, to be served concurrently
  • Weapons Prohibition Order pursuant to s.109 Criminal Code