R. v. Bowles

R. v. Bowles

The court accepted the joint recommendation and imposed a global sentence of two years plus one day, consisting of one year plus one day for possession for the purpose of trafficking and one year consecutive for production, because the large scale of the operation and the offender's lengthy criminal record required denunciation and deterrence and warranted federal custody; a lifetime firearms prohibition was ordered and the victim fine surcharge was waived.

Citation
2001 NSSC 177
Parties
Crown: Her Majesty the Queen; Offender: David Wayne Bowles
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 December 2001
Procedural Posture
Criminal / Sentencing
Outcome
Convicted following judge alone trial and sentenced to two years plus one day custody; counts consecutive.
Legal Topics
Trafficking, Production of Cannabis, Sentencing Principles, Deterrence, Denunciation, Rehabilitation, Firearms Prohibition, Victim Fine Surcharge
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Trafficking Production of Cannabis Sentencing Principles Deterrence Denunciation +3 more

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Parties

Her Majesty the Queen

Crown

David Wayne Bowles

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking in excess of three kilograms of cannabis and for production of cannabis
  2. 2 Application of Criminal Code s.718 sentencing principles including proportionality, deterrence, denunciation and rehabilitation
  3. 3 Whether federal incarceration is required and appropriate length of custody

Ratio Decidendi

The court accepted the joint recommendation and imposed a global sentence of two years plus one day, consisting of one year plus one day for possession for the purpose of trafficking and one year consecutive for production, because the large scale of the operation and the offender's lengthy criminal record required denunciation and deterrence and warranted federal custody; a lifetime firearms prohibition was ordered and the victim fine surcharge was waived.

Court Disposition

Convicted following judge alone trial and sentenced to two years plus one day custody; counts consecutive.

Orders

  • Sentenced to two years plus one day custody: one year plus one day for possession for the purpose of trafficking and one year consecutive for production of cannabis.
  • Lifetime firearms prohibition imposed under s.109 Criminal Code.