R. v. Calder

R. v. Calder

Abuse of the lawyer’s position of trust and smuggling Schedule I drugs into a correctional facility are significant aggravating factors that, when balanced against mitigating factors, place the appropriate sentence range above two years (2–4 years); therefore a conditional sentence is precluded and a penitentiary term of 30 months (with concurrent sentences on related counts) is imposed together with a 10 year weapons prohibition.

Citation
2011 NSSC 312
Parties
Crown: Her Majesty the Queen; Accused: Anne Calder
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 June 2011
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced to imprisonment: Count 1 (trafficking hydromorphone) 30 months; Count 2 (possession for the purpose of trafficking hydromorphone) 30 months concurrent; Count 3 (possession for the purpose of trafficking marijuana) 3 months concurrent; 10 year weapons prohibition; no probation ordered.
Legal Topics
Trafficking, Possession for the Purpose of Trafficking, Smuggling Into Correctional Facility, Conditional Sentence, Abuse of Trust, Deterrence and Denunciation
Source Language
English
Criminal Law Sentencing Drug Offences Professional Conduct Trafficking Possession for the Purpose of Trafficking Smuggling Into Correctional Facility Conditional Sentence +2 more

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Parties

Her Majesty the Queen

Crown

Anne Calder

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate or a penitentiary term is required
  2. 2 Appropriate sentence length for trafficking and possession for the purpose of trafficking involving a lawyer
  3. 3 Impact of abuse of trust and smuggling into a correctional institution as aggravating factors

Ratio Decidendi

Abuse of the lawyer’s position of trust and smuggling Schedule I drugs into a correctional facility are significant aggravating factors that, when balanced against mitigating factors, place the appropriate sentence range above two years (2–4 years); therefore a conditional sentence is precluded and a penitentiary term of 30 months (with concurrent sentences on related counts) is imposed together with a 10 year weapons prohibition.

Court Disposition

Accused convicted and sentenced to imprisonment: Count 1 (trafficking hydromorphone) 30 months; Count 2 (possession for the purpose of trafficking hydromorphone) 30 months concurrent; Count 3 (possession for the purpose of trafficking marijuana) 3 months concurrent; 10 year weapons prohibition; no probation ordered.

Orders

  • Count 1: 30 months imprisonment (trafficking in hydromorphone)
  • Count 2: 30 months imprisonment concurrent to Count 1 (possession for the purpose of trafficking hydromorphone)