R. v. Cleghorn

R. v. Cleghorn

Given the small quantity of MDMA, the offender's role as an accommodator/petty retailer, several mitigating factors and positive prospects for rehabilitation, balanced against the need for denunciation and deterrence and the unavailability of a conditional sentence, the appropriate sanction is a short custodial sentence: 90 days intermittent imprisonment plus 30 months probation; forfeiture of $115; mandatory s.109 firearms prohibition; DNA order; $200 victim surcharge.

Citation
2015 NSPC 54
Parties
Crown: Her Majesty the Queen; Defendant: Mark Cleghorn
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 May 2015
Procedural Posture
Criminal Trafficking (cdsa S.5(1)) / Sentencing After Guilty Plea
Outcome
Guilty plea accepted; sentence imposed
Legal Topics
Trafficking, Sentencing Principles, Conditional Sentence Order, Proceeds of Crime, Firearms Prohibition, DNA Order, Victim Surcharge
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Trafficking Sentencing Principles Conditional Sentence Order Proceeds of Crime Firearms Prohibition +2 more

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Parties

Her Majesty the Queen

Crown

Mark Cleghorn

Defendant

Procedural Posture

Criminal Trafficking (cdsa S.5(1)) / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for trafficking MDMA (CDSA schedule I)
  2. 2 Effect of November 2012 CDSA and Criminal Code amendments (MDMA reclassified; CSO unavailable)
  3. 3 Application of proportionality, parity, deterrence and rehabilitation in sentencing

Ratio Decidendi

Given the small quantity of MDMA, the offender's role as an accommodator/petty retailer, several mitigating factors and positive prospects for rehabilitation, balanced against the need for denunciation and deterrence and the unavailability of a conditional sentence, the appropriate sanction is a short custodial sentence: 90 days intermittent imprisonment plus 30 months probation; forfeiture of $115; mandatory s.109 firearms prohibition; DNA order; $200 victim surcharge.

Court Disposition

Guilty plea accepted; sentence imposed

Orders

  • Sentence of 90 days imprisonment to be served on an intermittent basis
  • Probation order for 30 months beginning immediately with conditions: keep the peace and be of good behaviour; appear when required; notify court or probation officer of any change of name, address or employment