R. v. Topple

R. v. Topple

The court accepted the joint recommendation and sentenced the accused to three years' incarceration for cocaine trafficking to emphasize general deterrence, imposed one year concurrent for marijuana trafficking, imposed 30 days' custody consecutive for a second impaired driving offence and a two-year driving prohibition, and granted ancillary orders including forfeiture, a prohibition order and a DNA order because those sentences and orders appropriately reflect the gravity of the offences and sent the required deterrent message.

Citation
2015 NSSC 102
Parties
Crown: Her Majesty the Queen; Accused: Brandon Robert Lee Topple
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 January 2015
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Trafficking, Sentencing, Forfeiture and Ancillary Orders, DNA Order, Driving Prohibition, Concurrent and Consecutive Sentences
Source Language
English
Criminal Law Controlled Drugs and Substances Act Road Traffic Law Trafficking Sentencing Forfeiture and Ancillary Orders DNA Order Driving Prohibition +1 more

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Parties

Her Majesty the Queen

Crown

Brandon Robert Lee Topple

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for cocaine trafficking
  2. 2 Whether specific or general deterrence should predominate
  3. 3 Appropriate sentence for concurrent marijuana trafficking count

Ratio Decidendi

The court accepted the joint recommendation and sentenced the accused to three years' incarceration for cocaine trafficking to emphasize general deterrence, imposed one year concurrent for marijuana trafficking, imposed 30 days' custody consecutive for a second impaired driving offence and a two-year driving prohibition, and granted ancillary orders including forfeiture, a prohibition order and a DNA order because those sentences and orders appropriately reflect the gravity of the offences and sent the required deterrent message.

Court Disposition

Convicted and sentenced

Orders

  • Sentence of three years' incarceration on cocaine trafficking (CRH 431272, count 1)
  • Sentence of one year incarceration on marijuana trafficking (CRH 431272, count 2) to be served concurrently with the three year sentence