R. v. MacIvor

R. v. MacIvor

Given the extent, duration and domestic commercial characteristics of the production and the need for denunciation and deterrence in drug offences, a conditional sentence would not provide adequate denunciation or deterrence despite the offender's medical condition and guilty plea; four months imprisonment followed...

Source-derived case information.

Citation
2002 NSSC 255
Parties
Crown: Her Majesty the Queen; Defendant: Ronald Murray MacIvor
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 November 2002
Procedural Posture
Criminal / Sentencing
Outcome
Sentence imposed: four months imprisonment followed by one year probation.
Legal Topics
Controlled Drugs and Substances Act, Conditional Sentence, Possession for Purpose of Trafficking, Production of Cannabis
Source Language
english
Criminal Law Drug Offences Sentencing Controlled Drugs and Substances Act Conditional Sentence Possession for Purpose of Trafficking Production of Cannabis

Source-derived case record

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 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Ronald Murray MacIvor

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for production and possession for the purpose of trafficking under the CDSA
  2. 2 Appropriate length and form of punishment balancing denunciation, deterrence and rehabilitation
  3. 3 Weight to be given to medical condition and guilty plea as mitigating factors

Ratio Decidendi

Given the extent, duration and domestic commercial characteristics of the production and the need for denunciation and deterrence in drug offences, a conditional sentence would not provide adequate denunciation or deterrence despite the offender's medical condition and guilty plea; four months imprisonment followed by one year probation is fit and proper.

Court Disposition

Sentence imposed: four months imprisonment followed by one year probation.

Orders

  • Imprisoned for a term of four months.
  • Placed on probation for one year during which he is to keep the peace and be of good behaviour and report to probation authorities as directed.