R. v. Shields

R. v. Shields

DNA order refused: Crown failed to establish that collection of the offender’s DNA is in the best interests of the administration of justice under s.487.051(3)(b) given the offender’s lack of record, non‑violent mid‑level role, demonstrated compliance while on strict release and privacy considerations. Sentence imposed: concurrent federal terms of four years (48 months) on each count as the appropriate balance of denunciation, deterrence, proportionality, parity and rehabilitation for a busy mid‑level cocaine trafficker with strong mitigating factors and no prior convictions.

Citation
2014 NSPC 69
Parties
Prosecutor: Her Majesty the Queen; Defendant: Kyle Shields
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 September 2014
Procedural Posture
Criminal Controlled Drugs and Substances Act and Criminal Code / Sentencing Decision
Outcome
Convicted; DNA order refused; Sentenced to concurrent four year federal terms; Section 109 prohibition order signed; Victim surcharge waived.
Legal Topics
Drug Trafficking, Conspiracy to Traffic, DNA Sample Order, Sentencing Principles, Parity, Deterrence, Mitigation
Source Language
English
Criminal Law Drug Offences Sentencing Privacy/dna Law Drug Trafficking Conspiracy to Traffic DNA Sample Order Sentencing Principles +3 more

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Parties

Her Majesty the Queen

Prosecutor

Kyle Shields

Defendant

Procedural Posture

Criminal Controlled Drugs and Substances Act and Criminal Code / Sentencing Decision

Legal Issues

  1. 1 Whether to order DNA sample for a secondary designated offence under s.487.051(3)(b)
  2. 2 Appropriate sentence for trafficking and conspiracy to traffic cocaine
  3. 3 Application and weight of sentencing principles: denunciation, deterrence, proportionality, parity, rehabilitation

Ratio Decidendi

DNA order refused: Crown failed to establish that collection of the offender’s DNA is in the best interests of the administration of justice under s.487.051(3)(b) given the offender’s lack of record, non‑violent mid‑level role, demonstrated compliance while on strict release and privacy considerations. Sentence imposed: concurrent federal terms of four years (48 months) on each count as the appropriate balance of denunciation, deterrence, proportionality, parity and rehabilitation for a busy mid‑level cocaine trafficker with strong mitigating factors and no prior convictions.

Court Disposition

Convicted; DNA order refused; Sentenced to concurrent four year federal terms; Section 109 prohibition order signed; Victim surcharge waived.

Orders

  • Convicted of trafficking cocaine and conspiracy to traffic cocaine
  • DNA sample order refused under Criminal Code s.487.051(3)(b)