R. v. Hobbs

R. v. Hobbs

The court found the accused controlled the substantial grow operation (203 plants producing an estimated 37 pounds valued $74,000–$335,960), accepted that the U.S. convictions related to the accused, and concluded deterrence and denunciation required custody; a conditional sentence would not be consistent with sentencing principles. The appropriate penalty was 30 months’ imprisonment to be served in a federal institution, concurrent on counts, with forfeiture granted, a weapons prohibition imposed, DNA order refused and a $200 victim surcharge.

Citation
2009 NSSC 258
Parties
Prosecution: Her Majesty the Queen; Accused: Kevin Patrick Hobbs
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 August 2009
Procedural Posture
Criminal Controlled Drugs and Substances Act Offences / Sentencing (post Conviction)
Outcome
Accused sentenced to 30 months' imprisonment (to be served in a federal institution), concurrent on counts; forfeiture order granted; weapons prohibition order granted; DNA order refused; victim surcharge imposed.
Legal Topics
Possession for the Purpose of Trafficking, Production of Cannabis, Conditional Sentence, Forfeiture, Weapons Prohibition, DNA Order
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Possession for the Purpose of Trafficking Production of Cannabis Conditional Sentence Forfeiture Weapons Prohibition +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 24 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Kevin Patrick Hobbs

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act Offences / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking and production of cannabis
  2. 2 Whether a conditional sentence is available and appropriate
  3. 3 Whether foreign (U.S.) convictions could be attributed to the accused

Ratio Decidendi

The court found the accused controlled the substantial grow operation (203 plants producing an estimated 37 pounds valued $74,000–$335,960), accepted that the U.S. convictions related to the accused, and concluded deterrence and denunciation required custody; a conditional sentence would not be consistent with sentencing principles. The appropriate penalty was 30 months’ imprisonment to be served in a federal institution, concurrent on counts, with forfeiture granted, a weapons prohibition imposed, DNA order refused and a $200 victim surcharge.

Court Disposition

Accused sentenced to 30 months' imprisonment (to be served in a federal institution), concurrent on counts; forfeiture order granted; weapons prohibition order granted; DNA order refused; victim surcharge imposed.

Orders

  • Incarceration for 30 months in a federal institution (to be served concurrently on both counts)
  • Forfeiture of items seized pursuant to s.16 of the Controlled Drugs and Substances Act