R. v. Banfield

R. v. Banfield

Balancing deterrence and rehabilitation and applying the totality principle the judge found the offender was not a high‑level trafficker, gave weight to guilty pleas, cooperation and youth, awarded enhanced remand credit for segregation (1.5x for 5 months = 7.5 months and additional remand), treated the prior...

Source-derived case information.

Citation
2011 NSSC 56
Parties
Prosecution: Her Majesty the Queen; Offender: Shawn Kenneth Banfield
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 February 2011
Procedural Posture
Criminal Sentencing for Drug Offences / Sentencing Decision
Outcome
Sentence imposed: 4 years imprisonment for cocaine possession for the purpose of trafficking; 1.5 years imprisonment for marihuana possession for the purpose of trafficking; 1 month concurrent for each s.145(3) breach; total sentence 5.5 years (66 months); credit of 13.5 months for remand (including enhanced credit...
Legal Topics
Sentencing, Possession for Purpose of Trafficking, Remand Credit, Totality Principle, Concurrency, Aggravating and Mitigating Factors, Cooperation With Police, Forfeiture and DNA Orders, Weapons Prohibition
Source Language
english
Criminal Law Controlled Drugs and Substances Act Sentencing Possession for Purpose of Trafficking Remand Credit Totality Principle Concurrency Aggravating and Mitigating Factors +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Prosecution

Shawn Kenneth Banfield

Offender

Procedural Posture

Criminal Sentencing for Drug Offences / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking (cocaine and marihuana)
  2. 2 Whether and how to credit time spent on remand including enhanced credit for segregation
  3. 3 Whether time previously served on a separate weapons sentence should be credited or treated as concurrent

Ratio Decidendi

Balancing deterrence and rehabilitation and applying the totality principle the judge found the offender was not a high‑level trafficker, gave weight to guilty pleas, cooperation and youth, awarded enhanced remand credit for segregation (1.5x for 5 months = 7.5 months and additional remand), treated the prior weapons sentence as concurrent and credited 18 months, and imposed 4 years for the cocaine offence, 1.5 years for the marihuana offence and 1 month concurrent for each breach (total 5.5 years = 66 months) less 13.5 months remand credit and 18 months previously served resulting in 34.5 months remaining to be served; forfeiture, DNA order and lifetime weapons prohibition were ordered.

Court Disposition

Sentence imposed: 4 years imprisonment for cocaine possession for the purpose of trafficking; 1.5 years imprisonment for marihuana possession for the purpose of trafficking; 1 month concurrent for each s.145(3) breach; total sentence 5.5 years (66 months); credit of 13.5 months for remand (including enhanced credit...

Orders

  • 4 years imprisonment for cocaine offence (s.5(2) CDSA)
  • 1.5 years imprisonment for marihuana offence (s.5(2) CDSA)