R. v. Taylor

R. v. Taylor

Given the gravity of trafficking methamphetamine and absence of exceptional mitigating circumstances, the court adopted the two-year benchmark sentence: 24 months custody on the trafficking count, 24 months concurrent on the related possession-for-purpose count, and six months concurrent on the marijuana possession count, together with ancillary orders (weapons prohibition under s.109 Criminal Code, DNA order, forfeiture to be arranged by Crown, and $300 victim fine surcharge payable within two years).

Citation
2018 NSPC 42
Parties
Crown: Her Majesty the Queen; Accused: Walter Francis Taylor
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
1 October 2018
Procedural Posture
Criminal / Sentencing Decision on Sentence
Outcome
Guilty; sentence imposed
Legal Topics
Trafficking in Schedule I Drugs, Possession for the Purpose of Trafficking, Denunciation and General Deterrence, Concurrent Sentencing, Ancillary Orders
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Trafficking in Schedule I Drugs Possession for the Purpose of Trafficking Denunciation and General Deterrence Concurrent Sentencing Ancillary Orders

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Parties

Her Majesty the Queen

Crown

Walter Francis Taylor

Accused

Procedural Posture

Criminal / Sentencing Decision on Sentence

Legal Issues

  1. 1 What is the appropriate sentence for trafficking methamphetamine?
  2. 2 Whether the two-year benchmark sentence established by appellate authority applies and whether exceptional circumstances justify deviation
  3. 3 How sentences on multiple counts should be structured (concurrent vs consecutive)

Ratio Decidendi

Given the gravity of trafficking methamphetamine and absence of exceptional mitigating circumstances, the court adopted the two-year benchmark sentence: 24 months custody on the trafficking count, 24 months concurrent on the related possession-for-purpose count, and six months concurrent on the marijuana possession count, together with ancillary orders (weapons prohibition under s.109 Criminal Code, DNA order, forfeiture to be arranged by Crown, and $300 victim fine surcharge payable within two years).

Court Disposition

Guilty; sentence imposed

Orders

  • Count 1 (s.5(1) CDSA trafficking methamphetamine): 24 months custody
  • Count 2 (s.5(2) CDSA possession for purpose of trafficking methamphetamine): 24 months custody, concurrent with count 1