R. v. Aalders

R. v. Aalders

Given the significant amount of cocaine (43.85g), evidence of active street‑level distribution, and the presence of trafficking tools and communications, the need for denunciation and deterrence and protection of the public required a custodial sentence; mitigating factors (youth, lack of record, remorse, rehabilitation efforts) reduced the term from the Crown's two year position to twelve months custody followed by twelve months probation.

Citation
2020 NSPC 15
Parties
Prosecution: Her Majesty The Queen; Defendant: Brandon Aalders
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 January 2020
Procedural Posture
Criminal Controlled Drugs and Substances Act S.5(2) (trafficking) / Sentencing/disposition
Outcome
Defendant found guilty (plea accepted) and sentenced to 12 months custody followed by 12 months probation.
Legal Topics
Trafficking, Possession for the Purpose of Trafficking, Sentencing Principles, Rehabilitation
Source Language
English
Criminal Law Drugs Law Sentencing Trafficking Possession for the Purpose of Trafficking Sentencing Principles Rehabilitation

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Parties

Her Majesty The Queen

Prosecution

Brandon Aalders

Defendant

Procedural Posture

Criminal Controlled Drugs and Substances Act S.5(2) (trafficking) / Sentencing/disposition

Legal Issues

  1. 1 Appropriate sentence for trafficking 43.85 grams of cocaine (some cut with meth)
  2. 2 Whether the offender's youth, lack of record and remediation justify a non‑custodial or reduced custodial sentence
  3. 3 Application of deterrence, denunciation and proportionality in Schedule 1 drug cases

Ratio Decidendi

Given the significant amount of cocaine (43.85g), evidence of active street‑level distribution, and the presence of trafficking tools and communications, the need for denunciation and deterrence and protection of the public required a custodial sentence; mitigating factors (youth, lack of record, remorse, rehabilitation efforts) reduced the term from the Crown's two year position to twelve months custody followed by twelve months probation.

Court Disposition

Defendant found guilty (plea accepted) and sentenced to 12 months custody followed by 12 months probation.

Orders

  • 12 months imprisonment in a provincial institution
  • 12 months probation with statutory conditions, reporting within 2 days, abstain from alcohol and illicit drugs, attend counselling for alcohol use, mental health counselling if warranted, and not associate with persons known to have CDSA records except as allowed for work, counselling or immediate family