R. Matheson

R. Matheson

The offender played a peripheral, non‑integral role in a large commercial drug enterprise and, given his lack of record, remorse, mitigating personal circumstances and strong rehabilitation prospects, a conditional sentence of two years less a day is sufficient and appropriate to satisfy denunciation, deterrence and...

Source-derived case information.

Citation
2013 NSPC 52
Parties
Crown: Her Majesty the Queen; Defendant: Kevin James Matheson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 June 2013
Procedural Posture
Criminal (controlled Drugs and Substances Act Possession for Purpose of Trafficking) / Sentencing Decision
Outcome
Conditional sentence imposed (two years less a day)
Legal Topics
Possession for Purpose of Trafficking, Conditional Sentence, Denunciation and Deterrence, Moral Culpability, Mitigating and Aggravating Factors
Source Language
english
Criminal Law Drug Offences Sentencing Possession for Purpose of Trafficking Conditional Sentence Denunciation and Deterrence Moral Culpability Mitigating and Aggravating Factors

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Kevin James Matheson

Defendant

Procedural Posture

Criminal (controlled Drugs and Substances Act Possession for Purpose of Trafficking) / Sentencing Decision

Legal Issues

  1. 1 Whether a conditional sentence of two years less a day is appropriate
  2. 2 Assessment of moral culpability and role in large‑scale drug trafficking
  3. 3 Application of sentencing principles including denunciation, deterrence and restraint

Ratio Decidendi

The offender played a peripheral, non‑integral role in a large commercial drug enterprise and, given his lack of record, remorse, mitigating personal circumstances and strong rehabilitation prospects, a conditional sentence of two years less a day is sufficient and appropriate to satisfy denunciation, deterrence and restorative objectives while respecting the principle of restraint; therefore a federal penitentiary term is not required.

Court Disposition

Conditional sentence imposed (two years less a day)

Orders

  • Conditional sentence of two years less a day imposed
  • First 12 months: strict house arrest in addition to statutory conditions