R. v. MacPherson

R. v. MacPherson

The joint recommendation of one year would have brought the administration of justice into disrepute given the seriousness of trafficking hydromorphone, the accused's prior designated CDSA convictions, his stated intent to continue abusing prescription narcotics, and the substantial risk to the community; accordingly a term of three years (less 35 days remand credit) with ancillary orders and concurrent 30 days on the Excise Act count was imposed to achieve denunciation, deterrence and community protection.

Citation
2014 NSPC 13
Parties
Crown: Her Majesty the Queen; Accused: Robert Thomas MacPherson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 April 2014
Procedural Posture
Criminal (controlled Drugs and Substances Act and Excise Act) / Sentencing Hearing
Outcome
Accused found guilty by earlier guilty pleas; CDSA count sentenced to 3 years imprisonment less 35 days remand credit; Excise Act count sentenced to 30 days custody to be served concurrently; ancillary orders made including DNA collection, Section 109 weapons prohibition, forfeiture, and victim surcharges.
Legal Topics
Possession for the Purpose of Trafficking, Possession of Unstamped Tobacco, Joint Sentencing Recommendation, Remand Credit, Ancillary Orders (dna, Forfeiture, S.109 Weapons Prohibition), Victim Surcharge
Source Language
English
Criminal Law Controlled Drugs and Substances Act Excise Act Sentencing Law Possession for the Purpose of Trafficking Possession of Unstamped Tobacco Joint Sentencing Recommendation Remand Credit +2 more

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Parties

Her Majesty the Queen

Crown

Robert Thomas MacPherson

Accused

Procedural Posture

Criminal (controlled Drugs and Substances Act and Excise Act) / Sentencing Hearing

Legal Issues

  1. 1 Whether the agreed one-year joint sentence would bring the administration of justice into disrepute
  2. 2 Appropriate length of sentence for possession for the purpose of trafficking of hydromorphone given prior convictions and community risk
  3. 3 Whether conditional sentence is available

Ratio Decidendi

The joint recommendation of one year would have brought the administration of justice into disrepute given the seriousness of trafficking hydromorphone, the accused's prior designated CDSA convictions, his stated intent to continue abusing prescription narcotics, and the substantial risk to the community; accordingly a term of three years (less 35 days remand credit) with ancillary orders and concurrent 30 days on the Excise Act count was imposed to achieve denunciation, deterrence and community protection.

Court Disposition

Accused found guilty by earlier guilty pleas; CDSA count sentenced to 3 years imprisonment less 35 days remand credit; Excise Act count sentenced to 30 days custody to be served concurrently; ancillary orders made including DNA collection, Section 109 weapons prohibition, forfeiture, and victim surcharges.

Orders

  • CDSA: 3 years imprisonment less 35 days remand credit (remand credit endorsed under Truth in Sentencing Act)
  • Excise Act (s.216(1)): 30 days imprisonment concurrent with CDSA sentence