R. v. Burnett

R. v. Burnett

Applying established sentencing ranges to three activity groups (theft/breach of trust; trafficking and laundering; obstruction/fabrication/breach of trust), the judge fixed individual sentences, assessed concurrency, applied the totality principle to reduce the 14-year aggregate to a just and proportionate global...

Source-derived case information.

Citation
2019 NSSC 212
Parties
Crown: Her Majesty the Queen; Accused: Craig Robert Burnett
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 July 2019
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Global sentence of 10 years imprisonment with ancillary orders: DNA order, mandatory firearms prohibition, forfeiture of BMW; no fine ordered; direction for minimum security placement and access to counselling/programs.
Legal Topics
Trafficking, Breach of Trust, Fabrication of Evidence, Obstruction of Justice, Money Laundering, DNA Order, Firearms Prohibition, Totality Principle
Source Language
english
Criminal Law Sentencing Police Misconduct Controlled Drugs and Substances Act Proceeds of Crime Forfeiture Trafficking Breach of Trust +6 more

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Parties

Her Majesty the Queen

Crown

Craig Robert Burnett

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate global sentence for multiple convictions including trafficking 10 kg of cocaine, breach of trust by a police officer, fabrication of evidence and obstruction of a police investigation
  2. 2 Application of totality principle to concurrent and consecutive sentences
  3. 3 Whether forfeiture, fine, DNA order and firearms prohibition are appropriate ancillary orders

Ratio Decidendi

Applying established sentencing ranges to three activity groups (theft/breach of trust; trafficking and laundering; obstruction/fabrication/breach of trust), the judge fixed individual sentences, assessed concurrency, applied the totality principle to reduce the 14-year aggregate to a just and proportionate global sentence of 10 years based on aggravating factors (large quantity of cocaine, serious breach of public trust by an RCMP officer) and mitigating factors (first offender, exemplary prior service), and imposed ancillary orders including DNA, firearms prohibition and forfeiture of the BMW while declining a fine.

Court Disposition

Global sentence of 10 years imprisonment with ancillary orders: DNA order, mandatory firearms prohibition, forfeiture of BMW; no fine ordered; direction for minimum security placement and access to counselling/programs.

Orders

  • Imprisonment for a global term of 10 years.
  • DNA order pursuant to s. 487.051(3) Criminal Code.