R. v. Burgoyne

R. v. Burgoyne

Given the provision of cannabis to a 13‑year‑old, the accuseds' positions of trust, and Veinot's prior CDSA trafficking conviction, a conditional sentence was inappropriate; the objectives of denunciation and deterrence warranted custodial sentences limited in length and made intermittent with probation and protective conditions for the minor.

Citation
2019 NSPC 2
Parties
Crown: Her Majesty the Queen; Accused: Wanda Jane Burgoyne; Accused: Andrew Donald Veinot
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 February 2019
Procedural Posture
Criminal Controlled Drugs and Substances Act Offences / Sentencing
Outcome
Both accused convicted and sentenced: Andrew Veinot sentenced to 90 days custody (can be served intermittently) and 12 months probation with conditions; Wanda Burgoyne sentenced to concurrent 45 days custody (can be served intermittently) and 12 months probation with conditions.
Legal Topics
Trafficking, Production of Cannabis, Sentencing Principles, Aggravating Factors, Conditional Sentence Orders, Position of Trust
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Youth Protection Trafficking Production of Cannabis Sentencing Principles Aggravating Factors +2 more

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Parties

Her Majesty the Queen

Crown

Wanda Jane Burgoyne

Accused

Andrew Donald Veinot

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act Offences / Sentencing

Legal Issues

  1. 1 Appropriate sentence for production and trafficking of cannabis to a 13‑year‑old
  2. 2 Whether a conditional sentence order (CSO) is appropriate
  3. 3 Weight to be given to position of trust and repeated behaviour

Ratio Decidendi

Given the provision of cannabis to a 13‑year‑old, the accuseds' positions of trust, and Veinot's prior CDSA trafficking conviction, a conditional sentence was inappropriate; the objectives of denunciation and deterrence warranted custodial sentences limited in length and made intermittent with probation and protective conditions for the minor.

Court Disposition

Both accused convicted and sentenced: Andrew Veinot sentenced to 90 days custody (can be served intermittently) and 12 months probation with conditions; Wanda Burgoyne sentenced to concurrent 45 days custody (can be served intermittently) and 12 months probation with conditions.

Orders

  • Andrew Veinot: 90 days custody to be served intermittently
  • Andrew Veinot: 12‑month probation order with statutory terms