R. v. Webber

R. v. Webber

The mandatory minimums in ss.279.02(2) and 279.011(1)(b) violate s.12 of the Charter as applied or in reasonably foreseeable circumstances and cannot be saved under s.1 (Crown conceded s.1 would not save them); having struck or declined to apply those minima the judge applied sentencing principles (s.718 series),...

Source-derived case information.

Citation
2019 NSSC 147
Parties
Crown: Her Majesty the Queen; Accused: Renee Allison Webber
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 January 2019
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Mandatory minimums in ss.279.02(2) and 279.011(1)(b) found to violate Charter s.12 and cannot be saved by s.1; offender sentenced following application of sentencing principles.
Legal Topics
Mandatory Minimum Sentences, Charter S.12 Cruel and Unusual Punishment, Sentencing Principles, Tang Factors, Victim Impact, Ancillary Orders
Source Language
english
Criminal Law Constitutional Law Human Trafficking Law Sexual Offences Law Mandatory Minimum Sentences Charter S.12 Cruel and Unusual Punishment Sentencing Principles Tang Factors +2 more

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Parties

Her Majesty the Queen

Crown

Renee Allison Webber

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Are the mandatory minimums in ss.279.02(2) and 279.011(1)(b) of the Criminal Code contrary to s.12 of the Charter?
  2. 2 What is a fit and proportionate sentence for convictions of human trafficking, receiving material benefit, advertising sexual services, sexual exploitation of a minor and assault?
  3. 3 Application of Tang factors and totality/concurrency principles

Ratio Decidendi

The mandatory minimums in ss.279.02(2) and 279.011(1)(b) violate s.12 of the Charter as applied or in reasonably foreseeable circumstances and cannot be saved under s.1 (Crown conceded s.1 would not save them); having struck or declined to apply those minima the judge applied sentencing principles (s.718 series), Tang factors and totality/concurrency analysis to impose a global sentence of four years with specified concurrent and consecutive components.

Court Disposition

Mandatory minimums in ss.279.02(2) and 279.011(1)(b) found to violate Charter s.12 and cannot be saved by s.1; offender sentenced following application of sentencing principles.

Orders

  • Trafficking (Criminal Code s.279.011): 3 years imprisonment (custodial)
  • Receiving material benefit (s.279.02(2)): 18 months imprisonment, concurrent to s.279.011