R. v. Lafitte

R. v. Lafitte

Judge concluded the three April 2017 CDSA offences formed one continuing operation and therefore sentenced those counts concurrently to each other but consecutive to the existing federal sentence; after weighing aggravating factors (recent related record, possession of two Schedule I substances, profit motive) against mitigating Gladue factors and applying totality, imposed concurrent 46 months for cocaine and hydromorphone (reduced by presentence credit to a go‑forward total of 45.5 months) and concurrent 3 months for cannabis, all consecutive to the sentence already being served; ordered DNA, forfeiture and a 10‑year firearms prohibition.

Citation
2019 NSPC 13
Parties
Crown: Her Majesty the Queen; Accused: Jamie Lafitte
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 April 2019
Procedural Posture
Criminal CDSA Offences (possession for the Purpose of Trafficking) / Sentencing Decision (provincial Court)
Outcome
Accused found guilty on three counts of possession for the purpose of trafficking; sentenced for April 21, 2017 offences to concurrent custodial terms of 46 months (cocaine and hydromorphone) and 3 months (cannabis), both groups concurrent internally but ordered consecutive to the federal sentence already being...
Legal Topics
Possession for the Purpose of Trafficking, Totality Principle, Gladue Factors, Ancillary Orders (dna, Forfeiture, Firearms Prohibition), Proportionality, Deterrence and Denunciation
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Law Possession for the Purpose of Trafficking Totality Principle Gladue Factors Ancillary Orders (dna, Forfeiture, Firearms Prohibition) Proportionality +1 more

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Parties

Her Majesty the Queen

Crown

Jamie Lafitte

Accused

Procedural Posture

Criminal CDSA Offences (possession for the Purpose of Trafficking) / Sentencing Decision (provincial Court)

Legal Issues

  1. 1 Whether and how to apply the totality principle when imposing consecutive sentences given an existing sentence being served
  2. 2 Appropriate length and structure (concurrent vs consecutive) of sentence for three CDSA convictions
  3. 3 Application and weight of Gladue factors in sentencing an Indigenous offender

Ratio Decidendi

Judge concluded the three April 2017 CDSA offences formed one continuing operation and therefore sentenced those counts concurrently to each other but consecutive to the existing federal sentence; after weighing aggravating factors (recent related record, possession of two Schedule I substances, profit motive) against mitigating Gladue factors and applying totality, imposed concurrent 46 months for cocaine and hydromorphone (reduced by presentence credit to a go‑forward total of 45.5 months) and concurrent 3 months for cannabis, all consecutive to the sentence already being served; ordered DNA, forfeiture and a 10‑year firearms prohibition.

Court Disposition

Accused found guilty on three counts of possession for the purpose of trafficking; sentenced for April 21, 2017 offences to concurrent custodial terms of 46 months (cocaine and hydromorphone) and 3 months (cannabis), both groups concurrent internally but ordered consecutive to the federal sentence already being...

Orders

  • Concurrent custodial sentence of 46 months for possession for the purpose of trafficking cocaine and hydromorphone (served concurrently with each other)
  • Concurrent custodial sentence of 3 months for possession for the purpose of trafficking cannabis (served concurrently with the other two counts)