R. v. Herritt

R. v. Herritt

The court accepted and adopted the parties' joint recommendation per Anthony‑Cook, imposing 24 months' incarceration and ancillary orders (weapons prohibition, DNA, forfeiture) because the sentence was proportionate to the gravity of trafficking 67.8g of cocaine while recognizing mitigating factors; the victim fine...

Source-derived case information.

Citation
2019 NSSC 13
Parties
Crown: Her Majesty the Queen; Defendant: Anthony Robert Herritt
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 January 2019
Procedural Posture
Criminal Possession for the Purpose of Trafficking (cocaine) / Sentencing
Outcome
Convicted on agreed facts and sentenced to 24 months' imprisonment with ancillary orders; victim fine surcharge waived.
Legal Topics
Trafficking, Possession for the Purpose of Trafficking, General Deterrence, Denunciation, Joint Recommendation, Victim Fine Surcharge, Forfeiture, DNA Order, Weapons Prohibition
Source Language
english
Criminal Law Controlled Drugs and Substances Act Sentencing Trafficking Possession for the Purpose of Trafficking General Deterrence Denunciation Joint Recommendation +4 more

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Parties

Her Majesty the Queen

Crown

Anthony Robert Herritt

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Appropriate sentence for possession of 67.8 grams of cocaine for the purpose of trafficking
  2. 2 Whether to accept the parties' joint recommendation for a 24 month federal term
  3. 3 Application of sentencing principles in ss.718-718.3 Criminal Code and s.10 CDSA

Ratio Decidendi

The court accepted and adopted the parties' joint recommendation per Anthony‑Cook, imposing 24 months' incarceration and ancillary orders (weapons prohibition, DNA, forfeiture) because the sentence was proportionate to the gravity of trafficking 67.8g of cocaine while recognizing mitigating factors; the victim fine surcharge was waived given the offender's financial situation and Boudreault precedent.

Court Disposition

Convicted on agreed facts and sentenced to 24 months' imprisonment with ancillary orders; victim fine surcharge waived.

Orders

  • Incarceration of 24 months in a federal institution
  • Weapons prohibition pursuant to s. 109 of the Criminal Code (mandatory)