R. v. Williams

R. v. Williams

The court accepted the joint recommendation and imposed 35 months imprisonment overall because the nature of the drug offence and aggravating circumstances warranted deterrence, balanced against significant mitigation (no prior record, stable employment and family, mental health/learning disabilities) and five months pretrial custody; concurrent sentences, a 10‑year firearm prohibition under s.109, a DNA order and forfeiture were ordered.

Citation
2016 NSSC 87
Parties
Crown: Her Majesty the Queen; Accused: Kenneth David Williams
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 March 2016
Procedural Posture
Criminal Drug Trafficking and Firearms / Sentencing
Outcome
Sentence imposed in accordance with joint recommendation: custodial sentence and ancillary orders granted.
Legal Topics
Trafficking, Firearm Prohibition, DNA Order, Forfeiture, Mitigation, Pretrial Custody, Concurrent Sentencing
Source Language
English
Criminal Law Controlled Drugs and Substances Act Firearms Law Sentencing Trafficking Firearm Prohibition DNA Order Forfeiture +3 more

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Parties

Her Majesty the Queen

Crown

Kenneth David Williams

Accused

Procedural Posture

Criminal Drug Trafficking and Firearms / Sentencing

Legal Issues

  1. 1 Appropriate sentence for cocaine trafficking and related firearm offences
  2. 2 Application of s.109 firearm prohibition
  3. 3 Ordering of DNA sample and forfeiture

Ratio Decidendi

The court accepted the joint recommendation and imposed 35 months imprisonment overall because the nature of the drug offence and aggravating circumstances warranted deterrence, balanced against significant mitigation (no prior record, stable employment and family, mental health/learning disabilities) and five months pretrial custody; concurrent sentences, a 10‑year firearm prohibition under s.109, a DNA order and forfeiture were ordered.

Court Disposition

Sentence imposed in accordance with joint recommendation: custodial sentence and ancillary orders granted.

Orders

  • 35 months imprisonment to be served in a federal institution commencing today
  • Sentences on Counts 1, 7 and 11 to run concurrently