R. v. Field

R. v. Field

Applying Fifield, Field was a large retailer or small wholesaler whose culpability is significant; aggravating factors (on release while offending, related prior record) and mitigating factors (early guilty plea, remorse, rehabilitation efforts, limited record) were balanced; denunciation and deterrence require a substantial sentence but the totality principle prevents an unduly long combined sentence with the existing 30 month term; the court imposed 5 years for the primary count (conspiracy) with concurrent 5 and 4 year terms on related counts, declined remand credit for Oct 11–25 2011, and ordered the sentence to be consecutive to the 30 month sentence producing an effective total of...

Citation
2013 NSPC 51
Parties
Crown: Her Majesty the Queen; Accused: John Willis Field
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 June 2013
Procedural Posture
Criminal Sentencing / Sentencing
Outcome
Guilty pleas accepted; sentence imposed.
Legal Topics
Sentencing, Totality, Denunciation, Deterrence, Possession for the Purpose of Trafficking, Conspiracy
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Totality Denunciation Deterrence Possession for the Purpose of Trafficking Conspiracy

Case Brief

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Parties

Her Majesty the Queen

Crown

John Willis Field

Accused

Procedural Posture

Criminal Sentencing / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession for purpose of trafficking and conspiracy to traffic
  2. 2 Application of Fifield dealer categories to determine culpability
  3. 3 Weight to give aggravating and mitigating factors

Ratio Decidendi

Applying Fifield, Field was a large retailer or small wholesaler whose culpability is significant; aggravating factors (on release while offending, related prior record) and mitigating factors (early guilty plea, remorse, rehabilitation efforts, limited record) were balanced; denunciation and deterrence require a substantial sentence but the totality principle prevents an unduly long combined sentence with the existing 30 month term; the court imposed 5 years for the primary count (conspiracy) with concurrent 5 and 4 year terms on related counts, declined remand credit for Oct 11–25 2011, and ordered the sentence to be consecutive to the 30 month sentence producing an effective total of...

Court Disposition

Guilty pleas accepted; sentence imposed.

Orders

  • Sentence of 5 years on the conspiracy charge (Controlled Drugs and Substances Act s.5(1) / Criminal Code s.465(1))
  • Sentence of 5 years concurrent on possession for the purpose of trafficking in cocaine (Controlled Drugs and Substances Act s.5(2))