R. v. Miller

R. v. Miller

Given the nature and quantity of cocaine, indicia of an organized retail operation, use of the family home with a child present and a prior CDSA conviction, the aggravating factors outweighed mitigation; denunciation and general deterrence required a federal custodial sentence of two years.

Citation
2020 NSPC 40
Parties
Crown: Her Majesty the Queen; Defendant: Steven Miller
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to two years' incarceration in a federal facility
Legal Topics
Possession for the Purpose of Trafficking, Sentencing Principles, Denunciation and Deterrence, Aggravating and Mitigating Factors, Forfeiture and Ancillary Orders
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Law Possession for the Purpose of Trafficking Sentencing Principles Denunciation and Deterrence Aggravating and Mitigating Factors Forfeiture and Ancillary Orders

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Parties

Her Majesty the Queen

Crown

Steven Miller

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of cocaine for the purpose of trafficking (s.5 CDSA)
  2. 2 Whether a non-custodial or suspended sentence is fit given offender's mitigation and rehabilitation
  3. 3 Classification of offender on the retail/wholesale spectrum and its impact on culpability

Ratio Decidendi

Given the nature and quantity of cocaine, indicia of an organized retail operation, use of the family home with a child present and a prior CDSA conviction, the aggravating factors outweighed mitigation; denunciation and general deterrence required a federal custodial sentence of two years.

Court Disposition

Sentenced to two years' incarceration in a federal facility

Orders

  • Two years' imprisonment in a federal facility
  • Section 109 Criminal Code prohibition order for life