R. v. Matheson

R. v. Matheson

Given the minimal quantity (one gram), the offender's role as an isolated accommodator, absence of aggravating factors, strong evidence of rehabilitation and significant, disproportionate harm to her legitimate nursing career from a conviction, a one‑year conditional discharge is in the offender's best interests and...

Source-derived case information.

Citation
2007 NSPC 43
Parties
Crown: Her Majesty the Queen; Defendant: Shawna Marie Matheson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
1 August 2007
Procedural Posture
Criminal Controlled Drugs and Substances Act (trafficking) / Sentencing
Outcome
Conditional discharge granted for one year
Legal Topics
Trafficking, Conditional Discharge, General Deterrence, Rehabilitation, Sentencing Principles, Effect of Criminal Record on Professional Licensing
Source Language
english
Criminal Law Drug Law Sentencing Law Trafficking Conditional Discharge General Deterrence Rehabilitation Sentencing Principles +1 more

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Parties

Her Majesty the Queen

Crown

Shawna Marie Matheson

Defendant

Procedural Posture

Criminal Controlled Drugs and Substances Act (trafficking) / Sentencing

Legal Issues

  1. 1 Whether offender is eligible for a conditional discharge under s.730 of the Criminal Code
  2. 2 Whether granting a discharge would be contrary to the public interest given objectives of general deterrence in drug offences
  3. 3 How quantity of drugs and offender's role affect categorization and sentence

Ratio Decidendi

Given the minimal quantity (one gram), the offender's role as an isolated accommodator, absence of aggravating factors, strong evidence of rehabilitation and significant, disproportionate harm to her legitimate nursing career from a conviction, a one‑year conditional discharge is in the offender's best interests and not contrary to the public interest; general deterrence does not mandate a custodial sentence in these circumstances.

Court Disposition

Conditional discharge granted for one year

Orders

  • Keep the peace and be of good behaviour
  • Attend at court as and when directed to do so