R. v. Lively

R. v. Lively

Given the quantity of crack (15g), related paraphernalia and cash, the offender's prior drug record and the overriding need for general deterrence and public protection under s.718 and CDSA s.10, the court found this was not a rare case warranting less-than-two-years conditional disposition and imposed 25 months custody for possession for the purpose of trafficking cocaine, concurrent with one month for marijuana; firearms prohibition and forfeiture granted.

Citation
2006 NSSC 274
Parties
Prosecution: Her Majesty the Queen; Defendant: Michael Christopher Lively
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 September 2006
Procedural Posture
Criminal / Conviction and Sentencing (trial Court)
Outcome
Convicted; sentenced to imprisonment.
Legal Topics
Possession, Possession for the Purpose of Trafficking, Cocaine, Marijuana, Deterrence, Conditional Sentence, Firearms Prohibition, Forfeiture
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Possession Possession for the Purpose of Trafficking Cocaine Marijuana Deterrence +3 more

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Parties

Her Majesty the Queen

Prosecution

Michael Christopher Lively

Defendant

Procedural Posture

Criminal / Conviction and Sentencing (trial Court)

Legal Issues

  1. 1 Whether a conditional sentence of less than two years was appropriate
  2. 2 Appropriate term of imprisonment for possession for the purpose of trafficking cocaine (15g crack)
  3. 3 Weight to be given to general and specific deterrence vs. rehabilitation and addiction mitigation

Ratio Decidendi

Given the quantity of crack (15g), related paraphernalia and cash, the offender's prior drug record and the overriding need for general deterrence and public protection under s.718 and CDSA s.10, the court found this was not a rare case warranting less-than-two-years conditional disposition and imposed 25 months custody for possession for the purpose of trafficking cocaine, concurrent with one month for marijuana; firearms prohibition and forfeiture granted.

Court Disposition

Convicted; sentenced to imprisonment.

Orders

  • Sentence: 25 months custody for possession for the purpose of trafficking cocaine (to be served concurrently with 1 month for possession of marijuana)
  • Firearms prohibition order granted