R. v. Carvery

R. v. Carvery

After weighing objectives of denunciation and deterrence, the offender's prior youth trafficking conviction as an aggravating factor and 228 days of strict house arrest as mitigating, the court concluded a custodial sentence of two years concurrent on both counts is fit; a non-custodial sentence was rejected and house arrest was considered as a mitigating factor 'in the mix' rather than as full credit.

Citation
2012 NSSC 49
Parties
Crown: Her Majesty the Queen; Accused: Tirrell Shane Carvery
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 January 2012
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to two years' imprisonment concurrent on both counts; non-custodial sentence rejected.
Legal Topics
Trafficking, Possession for Purpose of Trafficking, Bail/house Arrest, Youth Record, Mitigation and Aggravation, DNA Order, Weapons Prohibition, Forfeiture
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Trafficking Possession for Purpose of Trafficking Bail/house Arrest Youth Record Mitigation and Aggravation +3 more

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Parties

Her Majesty the Queen

Crown

Tirrell Shane Carvery

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for low-level cocaine trafficking
  2. 2 Extent to which stringent pre-trial house arrest should mitigate sentence
  3. 3 Treatment and admissibility of prior youth conviction under the Youth Criminal Justice Act

Ratio Decidendi

After weighing objectives of denunciation and deterrence, the offender's prior youth trafficking conviction as an aggravating factor and 228 days of strict house arrest as mitigating, the court concluded a custodial sentence of two years concurrent on both counts is fit; a non-custodial sentence was rejected and house arrest was considered as a mitigating factor 'in the mix' rather than as full credit.

Court Disposition

Accused sentenced to two years' imprisonment concurrent on both counts; non-custodial sentence rejected.

Orders

  • Two years' imprisonment concurrent on both counts in a federal penitentiary
  • Weapons prohibition under Criminal Code s.109 for ten years