R. v. Cody

R. v. Cody

Accepting the joint recommendation and applying CDSA and Criminal Code sentencing principles, the court imposed nine months imprisonment to be served consecutively, ordered forfeiture of drug paraphernalia, granted a lifelong weapons possession prohibition under s.109, waived the victim surcharge given financial circumstances, and dismissed specified counts.

Citation
2006 NSSC 409
Parties
Crown: Her Majesty the Queen; Accused: Laurence Cody
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 February 2006
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; sentence imposed.
Legal Topics
Trafficking, Possession for the Purpose of Trafficking, Guilty Plea, Forfeiture, Firearms Prohibition, Joint Recommendation on Sentence
Source Language
English
Criminal Law Controlled Drugs and Substances Sentencing Trafficking Possession for the Purpose of Trafficking Guilty Plea Forfeiture Firearms Prohibition +1 more

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Parties

Her Majesty the Queen

Crown

Laurence Cody

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession for purpose of trafficking of cannabis resin
  2. 2 Weight of guilty plea and joint recommendation in sentencing
  3. 3 Effect of prior designated substance conviction as an aggravating factor

Ratio Decidendi

Accepting the joint recommendation and applying CDSA and Criminal Code sentencing principles, the court imposed nine months imprisonment to be served consecutively, ordered forfeiture of drug paraphernalia, granted a lifelong weapons possession prohibition under s.109, waived the victim surcharge given financial circumstances, and dismissed specified counts.

Court Disposition

Guilty plea accepted; sentence imposed.

Orders

  • Nine months imprisonment to be served consecutively to any other sentence
  • Order pursuant to s.109 Criminal Code prohibiting possession of firearms, crossbows, restrictive weapons, ammunition and explosives for life