R. v. Boliver

R. v. Boliver

Given the aggravating factors (two prior convictions for similar offences and commission while on probation), the nature of crack cocaine trafficking and the need for denunciation and deterrence, a conditional sentence was inappropriate and a custodial sentence of thirty months was required.

Citation
2005 NSSC 221
Parties
Crown: Her Majesty the Queen; Accused: William Lee Boliver
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 April 2005
Procedural Posture
Criminal / Sentencing
Outcome
Sentence of thirty months custody in a federal institution on one count of possession for the purpose of trafficking.
Legal Topics
Trafficking, Conditional Sentence, Deterrence, Denunciation, Aggravating Factors, Prior Record
Source Language
English
Criminal Law Sentencing Drug Offences Trafficking Conditional Sentence Deterrence Denunciation Aggravating Factors +1 more

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Parties

Her Majesty the Queen

Crown

William Lee Boliver

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for possession for the purposes of trafficking given aggravating factors and prior convictions
  2. 2 Proper length of custodial sentence for trafficking involving crack cocaine
  3. 3 How to balance individual rehabilitation prospects against objectives of denunciation and deterrence

Ratio Decidendi

Given the aggravating factors (two prior convictions for similar offences and commission while on probation), the nature of crack cocaine trafficking and the need for denunciation and deterrence, a conditional sentence was inappropriate and a custodial sentence of thirty months was required.

Court Disposition

Sentence of thirty months custody in a federal institution on one count of possession for the purpose of trafficking.

Orders

  • Sentence: 30 months custody in a federal institution on one count of possession for the purpose of trafficking.