R. v. Tolliver
The court accepted the jointly recommended sentence of three and a half years as within the appropriate range given the seriousness of trafficking cocaine, the defendant's prior record and the Pre-Sentence Report, and imposed ancillary orders (DNA, forfeiture, lifetime firearms prohibition).
- Citation
- 2011 NSSC 54
- Parties
- Crown: Her Majesty the Queen; Accused: John Terrence Tolliver
- Court
- Supreme Court of Nova Scotia
- Jurisdiction
- Canada
- Judgment Date
- 4 February 2011
- Procedural Posture
- Criminal Trafficking (cocaine) / Sentencing
- Outcome
- Accused sentenced to incarceration and ancillary orders made.
- Legal Topics
- Trafficking, Sentencing, Resisting Arrest, Pre Sentence Report, Ancillary Orders
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
John Terrence Tolliver
Accused
Procedural Posture
Criminal Trafficking (cocaine) / Sentencing
Legal Issues
- 1 Appropriate length of sentence for cocaine trafficking given prior record and aggravating features
- 2 Weight to give a joint recommendation
- 3 Role of deterrence and denunciation in drug trafficking sentences
Ratio Decidendi
The court accepted the jointly recommended sentence of three and a half years as within the appropriate range given the seriousness of trafficking cocaine, the defendant's prior record and the Pre-Sentence Report, and imposed ancillary orders (DNA, forfeiture, lifetime firearms prohibition).
Court Disposition
Accused sentenced to incarceration and ancillary orders made.
Orders
- Imprisonment: 3.5 years in a federal institution
- DNA order (body substance analysis) signed
Full Case Text
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