R. v. Oldham

R. v. Oldham

For a 66‑year‑old first time offender who acted as a petty retailer selling very small quantities (total $80) and who presented low risk and significant mitigating personal circumstances, a sentence of imprisonment of two years less a day may be served conditionally in the community; trafficking in dilaudid is treated as seriously as trafficking in cocaine but a two‑year custodial term is not an automatic starting point for petty retailers; applying Proulx the court found imprisonment under two years appropriate and that community service would not endanger the public and would satisfy denunciation and general deterrence by imposing substantial restrictive conditions (house arrest,...

Citation
2012 NSSC 326
Parties
Crown: Her Majesty the Queen; Accused: Wayne Oldham
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 September 2012
Procedural Posture
Criminal Controlled Drugs and Substances Act Trafficking / Sentencing Hearing After Guilty Pleas
Outcome
Accused sentenced to a conditional sentence of imprisonment of two years less a day to be served in the community following guilty pleas to two counts of trafficking under CDSA s.5(1). Mandatory firearms prohibition and DNA order imposed; victim surcharge waived.
Legal Topics
Trafficking, Conditional Sentence, Denunciation, General Deterrence, Sentencing Principles, Fifield Categorization
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Trafficking Conditional Sentence Denunciation General Deterrence Sentencing Principles +1 more

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Parties

Her Majesty the Queen

Crown

Wayne Oldham

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act Trafficking / Sentencing Hearing After Guilty Pleas

Legal Issues

  1. 1 Whether a conditional sentence under s.742.1 of the Criminal Code is available for trafficking offences in these circumstances
  2. 2 Whether trafficking in dilaudid requires a minimum federal penitentiary term of two years as a starting point
  3. 3 Application of Fifield categories to classify the offence and determine appropriate sentencing range

Ratio Decidendi

For a 66‑year‑old first time offender who acted as a petty retailer selling very small quantities (total $80) and who presented low risk and significant mitigating personal circumstances, a sentence of imprisonment of two years less a day may be served conditionally in the community; trafficking in dilaudid is treated as seriously as trafficking in cocaine but a two‑year custodial term is not an automatic starting point for petty retailers; applying Proulx the court found imprisonment under two years appropriate and that community service would not endanger the public and would satisfy denunciation and general deterrence by imposing substantial restrictive conditions (house arrest,...

Court Disposition

Accused sentenced to a conditional sentence of imprisonment of two years less a day to be served in the community following guilty pleas to two counts of trafficking under CDSA s.5(1). Mandatory firearms prohibition and DNA order imposed; victim surcharge waived.

Orders

  • Keep the peace and be of good behaviour
  • Appear before the court when required to do so