R. v. MacKinnon

R. v. MacKinnon

The court classified the accused as a mid/medium‑scale cocaine trafficker (in possession of 500g with scale, cutting agent, packaging and cash) placing him within a 5–8 year range; balancing aggravating factors (quantity, tools of trafficking, breach of undertaking, high moral blameworthiness) against mitigating factors (guilty plea, lack of prior record, prospects for rehabilitation) and applying totality and restraint, the judge imposed 4.5 years custody for CDSA s.5(2), with 6 months concurrent for the proceeds offence and 1 day served for the undertaking breach, plus ancillary orders.

Citation
2022 NSPC 12
Parties
Crown: Her Majesty the Queen; Accused: Jarrett Anthony MacKinnon
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 March 2022
Procedural Posture
Criminal – Sentencing / Sentencing Decision (guilty Pleas Entered)
Outcome
Convicted on guilty pleas; custodial sentence imposed
Legal Topics
Possession for the Purpose of Trafficking, Proceeds of Crime, Breach of Undertaking, Denunciation and Deterrence, Parity and Totality
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Possession for the Purpose of Trafficking Proceeds of Crime Breach of Undertaking Denunciation and Deterrence Parity and Totality

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Parties

Her Majesty the Queen

Crown

Jarrett Anthony MacKinnon

Accused

Procedural Posture

Criminal – Sentencing / Sentencing Decision (guilty Pleas Entered)

Legal Issues

  1. 1 Appropriate global sentence for possession for the purpose of trafficking (CDSA s.5(2)) involving 500g of cocaine
  2. 2 Whether sentence for proceeds of crime should be consecutive
  3. 3 Categorization of offender within trafficking tiers and resulting sentencing range

Ratio Decidendi

The court classified the accused as a mid/medium‑scale cocaine trafficker (in possession of 500g with scale, cutting agent, packaging and cash) placing him within a 5–8 year range; balancing aggravating factors (quantity, tools of trafficking, breach of undertaking, high moral blameworthiness) against mitigating factors (guilty plea, lack of prior record, prospects for rehabilitation) and applying totality and restraint, the judge imposed 4.5 years custody for CDSA s.5(2), with 6 months concurrent for the proceeds offence and 1 day served for the undertaking breach, plus ancillary orders.

Court Disposition

Convicted on guilty pleas; custodial sentence imposed

Orders

  • Count 1 (CDSA s.5(2), 25 Aug 2020): 4.5 years custody
  • Count 2 (Criminal Code s.354(1)(A), proceeds of crime): 6 months custody, to be served concurrent