R. v. Herbert Joseph Sampson

R. v. Herbert Joseph Sampson

Given the gravity of Schedule I trafficking, the defendant’s high degree of moral culpability (text messages, cash, scales, repeated offending between searches), prior drug convictions, and lack of demonstrated, sustained rehabilitation, denunciation and deterrence require imprisonment; a two-year custodial sentence on the November 7, 2020 offence with a concurrent two-year sentence on the February 26, 2021 offence is proportionate and appropriate, and a conditional sentence is not fit in these circumstances.

Citation
2023 NSPC 67
Parties
Crown: His Majesty the King; Defendant: Herbert Joseph Sampson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 April 2023
Procedural Posture
Criminal Controlled Drugs and Substances Act S.5(2) Possession for the Purpose of Trafficking / Sentencing
Outcome
Defendant sentenced to two years imprisonment on the November 7, 2020 offence; concurrent two-year sentence imposed on the February 26, 2021 offence; ancillary orders made.
Legal Topics
Possession for the Purpose of Trafficking, Conditional Sentence, Aggravating and Mitigating Factors, Denunciation and Deterrence, Parity in Sentencing
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Law Possession for the Purpose of Trafficking Conditional Sentence Aggravating and Mitigating Factors Denunciation and Deterrence Parity in Sentencing

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Parties

His Majesty the King

Crown

Herbert Joseph Sampson

Defendant

Procedural Posture

Criminal Controlled Drugs and Substances Act S.5(2) Possession for the Purpose of Trafficking / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence order is appropriate for Schedule I trafficking offences
  2. 2 Appropriate length of sentence for possession for the purpose of trafficking involving hydromorphone and cocaine
  3. 3 Weight to be given to aggravating factors including re-offending between arrests and evidence of organized trafficking

Ratio Decidendi

Given the gravity of Schedule I trafficking, the defendant’s high degree of moral culpability (text messages, cash, scales, repeated offending between searches), prior drug convictions, and lack of demonstrated, sustained rehabilitation, denunciation and deterrence require imprisonment; a two-year custodial sentence on the November 7, 2020 offence with a concurrent two-year sentence on the February 26, 2021 offence is proportionate and appropriate, and a conditional sentence is not fit in these circumstances.

Court Disposition

Defendant sentenced to two years imprisonment on the November 7, 2020 offence; concurrent two-year sentence imposed on the February 26, 2021 offence; ancillary orders made.

Orders

  • Two years imprisonment on the November 7, 2020 offence
  • Two years imprisonment concurrent on the February 26, 2021 offence