R. v. Hendrickson

R. v. Hendrickson

Although the accused demonstrated genuine rehabilitation and mitigating factors, they did not amount to the exceptional circumstances required to depart from appellate guidance in dial-a-dope cases where denunciation and general deterrence predominate; a concurrent custodial sentence of six months and 18 months probation with specified conditions, plus forfeiture, a DNA order and a 10-year firearms prohibition, is the appropriate and proportionate sentence.

Citation
2017 BCSC 176
Parties
Prosecutor: Regina; Accused: Dylan Ross Hendrickson; Accused: Sahara Rose Thomas
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 January 2017
Procedural Posture
Criminal Controlled Drugs and Substances Act (s.5(2)) / Sentencing Hearing (oral Reasons)
Outcome
Accused convicted on two counts of possession for the purpose of trafficking and sentenced to six months imprisonment concurrent on both counts; 18 months probation with conditions; forfeiture of seized items; DNA order; 10-year firearms prohibition; $400 victim surcharge.
Legal Topics
Dial a Dope Operations, Possession for the Purpose of Trafficking, Sentencing Principles, Forfeiture, DNA Order, Firearms Prohibition, Victim Fine Surcharge
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Dial a Dope Operations Possession for the Purpose of Trafficking Sentencing Principles Forfeiture DNA Order +2 more

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Parties

Regina

Prosecutor

Dylan Ross Hendrickson

Accused

Sahara Rose Thomas

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act (s.5(2)) / Sentencing Hearing (oral Reasons)

Legal Issues

  1. 1 What is the fit sentence for a first-time offender involved in a dial-a-dope operation selling hard drugs?
  2. 2 Whether the accused's rehabilitation and personal circumstances constitute exceptional circumstances warranting a non-custodial sentence.
  3. 3 What ancillary orders are appropriate (forfeiture, DNA, firearms prohibition, victim surcharge)?

Ratio Decidendi

Although the accused demonstrated genuine rehabilitation and mitigating factors, they did not amount to the exceptional circumstances required to depart from appellate guidance in dial-a-dope cases where denunciation and general deterrence predominate; a concurrent custodial sentence of six months and 18 months probation with specified conditions, plus forfeiture, a DNA order and a 10-year firearms prohibition, is the appropriate and proportionate sentence.

Court Disposition

Accused convicted on two counts of possession for the purpose of trafficking and sentenced to six months imprisonment concurrent on both counts; 18 months probation with conditions; forfeiture of seized items; DNA order; 10-year firearms prohibition; $400 victim surcharge.

Orders

  • Custody: six months imprisonment on Counts 1 and 2 to be served concurrently.
  • Probation: 18 months upon release with conditions including keep the peace and be of good behaviour; appear when required; report to probation officer as directed; provide and not change address/phone without permission; reside at a specific address and seek permission to change; abstain absolutely from...