R. v. Wright

R. v. Wright

The joint submission of five years' imprisonment is accepted as fit and proportionate given the large quantity of cocaine (952g), the offender's prior record and parole status, his early guilty plea and cooperation, and the need for denunciation and deterrence; accordingly the court imposed five years' imprisonment...

Source-derived case information.

Citation
2015 NSPC 63
Parties
Prosecution: Her Majesty the Queen; Defendant: James David Wright
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 September 2015
Procedural Posture
Criminal: Possession for the Purpose of Trafficking (controlled Drugs and Substances Act S.5(2)) / Sentencing
Outcome
Court accepted joint submission and imposed sentence and ancillary orders
Legal Topics
Trafficking in Cocaine, Joint Sentencing Submission, Denunciation and Deterrence, Proportionality and Parity, Ancillary Search Powers, DNA Collection Orders, Forfeiture, Victim Surcharge, Consecutive Sentences
Source Language
english
Criminal Law Sentencing Drug Offences Evidence (search) DNA Collection Weapons Prohibition Trafficking in Cocaine Joint Sentencing Submission +7 more

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Parties

Her Majesty the Queen

Prosecution

James David Wright

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Appropriate sentence for possession of 952 grams of cocaine for the purposes of trafficking
  2. 2 Whether the court should accept the joint submission of five years or depart from it
  3. 3 Application of sentencing principles of denunciation, deterrence, proportionality and restraint (s.718.2)

Ratio Decidendi

The joint submission of five years' imprisonment is accepted as fit and proportionate given the large quantity of cocaine (952g), the offender's prior record and parole status, his early guilty plea and cooperation, and the need for denunciation and deterrence; accordingly the court imposed five years' imprisonment to be served consecutively to any current sentence, plus ancillary orders (victim surcharge, DNA collection specifying cocaine, life weapons prohibition, forfeiture).

Court Disposition

Court accepted joint submission and imposed sentence and ancillary orders

Orders

  • Five years' imprisonment to be served in a penitentiary, to be served consecutively to any sentence currently being served
  • $200 victim surcharge payable within six years