R. v. Mill
The trial judge properly used the pre-sentence report and did not err in failing to adjourn; a 14-year sentence was a fit and proportionate sentence for conspiracy to traffic in 27.7 tons of cannabis resin; accordingly both the appellant's appeal and the Crown's cross-appeal fail.
Source-derived case information.
- Citation
- 1995 NSCA 64
- Parties
- Appellant: RAYMOND PHILLIP MILLS; Respondent: HER MAJESTY THE QUEEN
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 March 1995
- Procedural Posture
- Criminal Appeal / Court of Appeal Decision (appeal and Cross Appeal)
- Outcome
- Appeal and cross-appeal dismissed; sentence of 14 years imprisonment affirmed.
- Legal Topics
- Conspiracy to Traffic, Importation of Narcotics, Pre Sentence Report, Appeal Standard of Review, Sentence Proportionality
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RAYMOND PHILLIP MILLS
Appellant
HER MAJESTY THE QUEEN
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Decision (appeal and Cross Appeal)
Legal Issues
- 1 Whether the trial judge improperly relied on a prejudicial pre-sentence report without adjourning for a new report
- 2 Whether the 14-year sentence for conspiracy to traffic in 27.7 tons of cannabis resin was excessive
- 3 Whether the Crown's cross-appeal that the sentence was too lenient should succeed
Ratio Decidendi
The trial judge properly used the pre-sentence report and did not err in failing to adjourn; a 14-year sentence was a fit and proportionate sentence for conspiracy to traffic in 27.7 tons of cannabis resin; accordingly both the appellant's appeal and the Crown's cross-appeal fail.
Court Disposition
Appeal and cross-appeal dismissed; sentence of 14 years imprisonment affirmed.
Orders
- Appeal dismissed
- Cross-appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Mill Court Court of Appeal Date 1995-03-29 Citation 1995 NSCA 64 Docket CAC 108649 Judge/Registrar/Adjudicator Hart, Gordon L.S. (Honourable Justice); Hallett, J. Doane (Honourable Justice) (CA); Roscoe, Elizabeth A. (Honourable Justice) (CA) Document Type Decision Decision Content C.A.C. No. 108649 NOVA SCOTIA COURT OF APPEAL Cite as: R. v. Mill, 1995 NSCA 64 Hallett, Hart and Roscoe, JJ.A. BETWEEN: RAYMOND PHILLIP MILLS ) Kevin Burke, Q.C. ) for the Appellant Appellant ) ) - and - ) ) Marian V.R. Fortune-Stone ) for the Respondent HER MAJESTY THE QUEEN ) ) Respondent ) Appeal Heard: ) March 29, 1995 ) ) ) Judgment Delivered: ) March 29, 1995 ) ) ) ) ) ) ) ) THE COURT: Appeal and cross-appeal dismissed per oral reasons for judgment of Hallett, J.A.; Hart and Roscoe, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: HALLETT, J.A.: This is an appeal by Raymond Phillip Mills from a sentence of 14 years imprisonment for the offence of conspiracy to traffic in cannabis resin contrary to s. 465(1)(c) of the Criminal Code of Canada, R.S.C. 1985, C. c-46. The offence involved the importation of 27.7 tons of cannabis resin. The appellant was convicted by a jury following a 7-week trial. The appellant asserts: "(i) That the Learned Trial Judge erred in considering the pre-sentence report of Probation Officer Brian MacDougall when such report contained accusations, rumors, and accounts clearly prejudicial to the Appellant and in failing to adjourn the sentencing until a new pre-sentence report could be prepared. (ii) That the sentence imposed by the Learned Trial Judge is excessively harsh having regard to the facts of the case and the Appellant's participation in the offence." The Crown has filed a cross-appeal asserting that the sentence is excessively lenient. We have reviewed the reasons given by the trial judge for the sentence imposed. We have reviewed the pre-sentence report. We have considered the arguments raised by counsel. We are satisfied that the trial judge made the proper use of the pre-sentence report. In our opinion 14 years was a fit sentence for this offence and this offender. The appeal and cross-appeal are dismissed. Hallett, J.A. Concurred in: Hart, J.A. Roscoe, J.A. C.A.C. No. 108649 NOVA SCOTIA COURT OF APPEAL BETWEEN: RAYMOND PHILLIP MILLS ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: HER MAJESTY THE QUEEN ) ) HALLETT, J.A. ) (Orally) Respondent ) ) ) ) ) ) )