R. v. Simmonds

R. v. Simmonds

The judge imposed two years' federal imprisonment for possession for the purpose of trafficking in crack cocaine plus three years' probation (and a $200 fine for cannabis), finding that while denunciation and deterrence demanded a significant term given the quantity, form of drug and prior record, the IRCA and...

Source-derived case information.

Citation
2021 NSSC 54
Parties
Crown: Her Majesty the Queen; Accused: Shancy Centel Simmonds
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 February 2021
Procedural Posture
Criminal Controlled Drugs and Substances Act (trafficking) / Sentencing
Outcome
Convicted. Sentence for CDSA s.5(2) trafficking: two years' imprisonment (federal) followed by three years' probation; possession of cannabis (CDSA s.4(1)): $200 fine payable by February 18, 2024; ancillary orders imposed (forfeiture, secondary DNA order, firearms prohibition).
Legal Topics
Trafficking, Possession, Bail Conditions Credit, Impact of Race and Culture (irca), Sad Life Principle
Source Language
english
Criminal Law Sentencing Controlled Drugs and Substances Act Charter Law Gladue/irca Considerations Trafficking Possession Bail Conditions Credit +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Shancy Centel Simmonds

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act (trafficking) / Sentencing

Legal Issues

  1. 1 Appropriate sentence and whether federal incarceration is required for possession for the purpose of trafficking in crack cocaine
  2. 2 Whether and how to credit strict pre-trial release/bail conditions
  3. 3 Weight to be given to Impact of Race and Culture Assessment (IRCA) and the 'sad life' principle in assessing moral culpability and mitigation

Ratio Decidendi

The judge imposed two years' federal imprisonment for possession for the purpose of trafficking in crack cocaine plus three years' probation (and a $200 fine for cannabis), finding that while denunciation and deterrence demanded a significant term given the quantity, form of drug and prior record, the IRCA and defendant's long compliance with strict bail conditions justified a sentence below the Crown's recommendation; bail conditions were considered 'in the mix' but not given an automatic mathematical credit; probationary conditions, community service and ancillary orders were tailored to promote rehabilitation and public protection.

Court Disposition

Convicted. Sentence for CDSA s.5(2) trafficking: two years' imprisonment (federal) followed by three years' probation; possession of cannabis (CDSA s.4(1)): $200 fine payable by February 18, 2024; ancillary orders imposed (forfeiture, secondary DNA order, firearms prohibition).

Orders

  • Ancillary orders: Forfeiture Order; Secondary DNA Order; s.109 Firearms Prohibition: no non-prohibited firearms for a period beginning February 18, 2021 and ending not earlier than twenty years after release; lifetime prohibition on prohibited/restricted firearms and prohibited weapons/devices/ammunition.