R. v. Miller

R. v. Miller

The court found the Crown proved beyond a reasonable doubt that 100 grams of cannabis was possessed for the purpose of trafficking; balancing the offender's serious health and addiction-related mitigation against his prior trafficking conviction and the need for denunciation and deterrence, a 12-month conditional sentence (5 months house arrest, 4 months curfew, 3 months no restriction) followed by 12 months probation, a section 109 weapons prohibition and forfeiture of $420 is proportionate and meets the statutory sentencing objectives.

Citation
2011 NSPC 76
Parties
Crown: Her Majesty the Queen; Accused: Paul Frederick Miller
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 October 2011
Procedural Posture
Criminal Controlled Drugs and Substances Act (possession for Purpose of Trafficking) / Sentencing (decision on Sentence)
Outcome
Sentence: 12 month conditional sentence (5 months house arrest subject to exceptions, 4 months curfew, final 3 months no restriction) to be served in the community; followed by 12 months probation; section 109 weapons prohibition; forfeiture of $420 seized.
Legal Topics
Possession for the Purpose of Trafficking, Conditional Sentence, Probation, Mitigation and Aggravation, Medical Marijuana
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Possession for the Purpose of Trafficking Conditional Sentence Probation Mitigation and Aggravation Medical Marijuana

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Parties

Her Majesty the Queen

Crown

Paul Frederick Miller

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act (possession for Purpose of Trafficking) / Sentencing (decision on Sentence)

Legal Issues

  1. 1 Was the accused in possession of cannabis for the purpose of trafficking and if so what quantity?
  2. 2 What sentence is proportionate given the offender's health, addiction, prior record and the need for denunciation and deterrence?
  3. 3 Whether a conditional sentence is appropriate and, if so, its length and conditions

Ratio Decidendi

The court found the Crown proved beyond a reasonable doubt that 100 grams of cannabis was possessed for the purpose of trafficking; balancing the offender's serious health and addiction-related mitigation against his prior trafficking conviction and the need for denunciation and deterrence, a 12-month conditional sentence (5 months house arrest, 4 months curfew, 3 months no restriction) followed by 12 months probation, a section 109 weapons prohibition and forfeiture of $420 is proportionate and meets the statutory sentencing objectives.

Court Disposition

Sentence: 12 month conditional sentence (5 months house arrest subject to exceptions, 4 months curfew, final 3 months no restriction) to be served in the community; followed by 12 months probation; section 109 weapons prohibition; forfeiture of $420 seized.

Orders

  • 12 month conditional sentence: 5 months house arrest, 4 months curfew, 3 months no restriction
  • 12 months probation to follow the conditional sentence