R. v. Allison

R. v. Allison

Given the offender's record and that he had not previously served a penitentiary term, the court accepted the joint recommendation and imposed 30 months federal custody; granted a lifetime s.109 weapons prohibition; ordered forfeiture of $365 and a seized cell phone; refused the Crown's request for a DNA order because this was a secondary designated offence and there was no evidence a sample would assist in solving other offences; and waived the victim fine surcharge due to the offender's circumstances.

Citation
2009 NSSC 264
Parties
Crown: Her Majesty the Queen; Accused: Christian Allison
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 August 2009
Procedural Posture
Criminal Possession for the Purpose of Trafficking (cocaine) / Sentencing After Guilty Plea
Outcome
Guilty plea accepted; sentenced to imprisonment and ancillary orders issued.
Legal Topics
Trafficking, Sentencing Principles, DNA Order, Forfeiture, Weapon Prohibition (s.109), Victim Fine Surcharge
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Trafficking Sentencing Principles DNA Order Forfeiture Weapon Prohibition (s.109) +1 more

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Parties

Her Majesty the Queen

Crown

Christian Allison

Accused

Procedural Posture

Criminal Possession for the Purpose of Trafficking (cocaine) / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking in cocaine
  2. 2 Whether presence of a child constitutes an aggravating factor
  3. 3 Whether to impose a lifetime s.109 weapons prohibition order

Ratio Decidendi

Given the offender's record and that he had not previously served a penitentiary term, the court accepted the joint recommendation and imposed 30 months federal custody; granted a lifetime s.109 weapons prohibition; ordered forfeiture of $365 and a seized cell phone; refused the Crown's request for a DNA order because this was a secondary designated offence and there was no evidence a sample would assist in solving other offences; and waived the victim fine surcharge due to the offender's circumstances.

Court Disposition

Guilty plea accepted; sentenced to imprisonment and ancillary orders issued.

Orders

  • Sentence: 30 months federal custody
  • Section 109 order: prohibited from possessing any weapons, ammunition or explosives for life