R. v. Terris

R. v. Terris

Given the offence involved petty retailing of a small quantity of Schedule I drug, the accused's lack of record, cooperation with police, absence of violence or weapons, timely guilty plea, stable employment and good rehabilitative prospects, and to maintain parity with similar cases (AL and Livingstone), the court suspended passing of sentence and imposed a three-year probation order with specified conditions; ancillary orders for forfeiture, DNA collection and a s.109 order were also made; no victim surcharge was imposed because s.737 is invalid per R v Boudreault.

Citation
2019 NSPC 11
Parties
Crown: Her Majesty the Queen; Defendant: Matthew William Terris
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 April 2019
Procedural Posture
Criminal Controlled Drugs and Substances Act Offence / Sentencing Decision
Outcome
Passing of sentence suspended; accused placed on probation for three years
Legal Topics
Possession for Purpose of Trafficking, Petty Retailing, Probation, Forfeiture, DNA Order, Victim Surcharge Invalidity, Aboriginal Sentencing Considerations (gladue)
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Possession for Purpose of Trafficking Petty Retailing Probation Forfeiture DNA Order +2 more

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Parties

Her Majesty the Queen

Crown

Matthew William Terris

Defendant

Procedural Posture

Criminal Controlled Drugs and Substances Act Offence / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for possession of cocaine for purpose of trafficking (petty retailing)
  2. 2 Application of s.718.2(e) Gladue principles to alleged Aboriginal status
  3. 3 Whether to impose incarceration versus community-based sentence given parity with similar cases

Ratio Decidendi

Given the offence involved petty retailing of a small quantity of Schedule I drug, the accused's lack of record, cooperation with police, absence of violence or weapons, timely guilty plea, stable employment and good rehabilitative prospects, and to maintain parity with similar cases (AL and Livingstone), the court suspended passing of sentence and imposed a three-year probation order with specified conditions; ancillary orders for forfeiture, DNA collection and a s.109 order were also made; no victim surcharge was imposed because s.737 is invalid per R v Boudreault.

Court Disposition

Passing of sentence suspended; accused placed on probation for three years

Orders

  • No victim surcharge imposed because s.737 of the Criminal Code has been declared of no force or effect (R v Boudreault, 2018 SCC 58)