R. v. Reid

R. v. Reid

Given the need for denunciation and general deterrence in offences involving crack cocaine and the appellant's facts, a custodial sentence less than two years was inappropriate; a three year federal sentence was imposed with two-for-one credit for 93 days remand (186 days) resulting in an effective sentence of two years and 179 days; conditional sentence was rejected.

Citation
2006 NSSC 248
Parties
Crown: Her Majesty The Queen; Accused: David Samuel Reid
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 August 2006
Procedural Posture
Criminal / Sentencing (oral Decision)
Outcome
Accused convicted of possession for the purpose of trafficking cocaine; sentenced to imprisonment; conditional sentence denied.
Legal Topics
Trafficking, Conditional Sentence, General Deterrence, Pre Trial Custody Credit, Firearms Prohibition, Forfeiture
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Trafficking Conditional Sentence General Deterrence Pre Trial Custody Credit Firearms Prohibition +1 more

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Parties

Her Majesty The Queen

Crown

David Samuel Reid

Accused

Procedural Posture

Criminal / Sentencing (oral Decision)

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for possession of cocaine for the purpose of trafficking
  2. 2 Appropriate length of custodial sentence for possession for the purpose of trafficking cocaine given sentencing principles and precedent
  3. 3 Appropriate credit for pre-trial/remand custody

Ratio Decidendi

Given the need for denunciation and general deterrence in offences involving crack cocaine and the appellant's facts, a custodial sentence less than two years was inappropriate; a three year federal sentence was imposed with two-for-one credit for 93 days remand (186 days) resulting in an effective sentence of two years and 179 days; conditional sentence was rejected.

Court Disposition

Accused convicted of possession for the purpose of trafficking cocaine; sentenced to imprisonment; conditional sentence denied.

Orders

  • Sentence: 3 years imprisonment to be served in a federal institution
  • Remand credit: 93 days remand credited at 2-for-1 totaling 186 days, resulting in effective remaining sentence of 2 years 179 days