R. v. Connolly

R. v. Connolly

Given the quantity of cocaine, the presence of drugs in the home of a minor and the jurisprudence requiring prominent emphasis on deterrence and incarceration for cocaine trafficking, a conditional sentence was inappropriate and a fit sentence is two years' federal custody with ancillary orders (DNA, s.109 weapons prohibition, forfeiture).

Citation
2014 NSPC 68
Parties
Crown: Her Majesty the Queen; Defendant: Adrian Joseph Connolly
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 August 2014
Procedural Posture
Criminal Possession for the Purpose of Trafficking (cocaine) / Sentencing Decision
Outcome
Defendant sentenced to two years federal custody; DNA order; s.109 weapons prohibition; forfeiture of seized items; no victim fine surcharge.
Legal Topics
Trafficking, Possession for the Purpose of Trafficking, Conditional Sentence, Mandatory Minimums, Deterrence, Aggravation and Mitigation
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Trafficking Possession for the Purpose of Trafficking Conditional Sentence Mandatory Minimums Deterrence +1 more

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Parties

Her Majesty the Queen

Crown

Adrian Joseph Connolly

Defendant

Procedural Posture

Criminal Possession for the Purpose of Trafficking (cocaine) / Sentencing Decision

Legal Issues

  1. 1 Whether a conditional sentence is available and appropriate
  2. 2 Appropriate range and length of sentence for cocaine trafficking/possession for purpose of trafficking
  3. 3 Application of sentencing principles (proportionality, deterrence, denunciation) in light of case law

Ratio Decidendi

Given the quantity of cocaine, the presence of drugs in the home of a minor and the jurisprudence requiring prominent emphasis on deterrence and incarceration for cocaine trafficking, a conditional sentence was inappropriate and a fit sentence is two years' federal custody with ancillary orders (DNA, s.109 weapons prohibition, forfeiture).

Court Disposition

Defendant sentenced to two years federal custody; DNA order; s.109 weapons prohibition; forfeiture of seized items; no victim fine surcharge.

Orders

  • Two years in federal custody
  • DNA Order