R. v. Greencorn

R. v. Greencorn

Balancing aggravating weight of trafficking in cocaine and possession of a sawed-off shotgun against mitigating factors (early plea, youth, no record, rehabilitation prospects), the Court imposed a global sentence of three years imprisonment for the CDSA s.5(1) offence with the s.91(2) firearm sentence of three...

Source-derived case information.

Citation
2014 NSPC 10
Parties
Crown/prosecution: Her Majesty the Queen; Defendant: Travis Alexander Paul Greencorn
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 March 2014
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Defendant pleaded guilty and was convicted; sentenced to 3 years' imprisonment for CDSA s.5(1) and 3 months imprisonment concurrently for Criminal Code s.91(2) with ancillary orders imposed.
Legal Topics
Possession for Purpose of Trafficking, Possession of a Prohibited Weapon, Forfeiture, DNA Collection Order, Firearm Prohibition, Victim Surcharge, Concurrent Sentencing
Source Language
english
Criminal Law Controlled Drugs and Substances Act Firearms Law Sentencing Possession for Purpose of Trafficking Possession of a Prohibited Weapon Forfeiture DNA Collection Order +3 more

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Parties

Her Majesty the Queen

Crown/prosecution

Travis Alexander Paul Greencorn

Defendant

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence for possession of cocaine for the purpose of trafficking (CDSA s.5(1))
  2. 2 Appropriate sentence for possession of a prohibited firearm (Criminal Code s.91(2))
  3. 3 Whether the firearm aggravates the CDSA offence and whether sentences should be concurrent or consecutive

Ratio Decidendi

Balancing aggravating weight of trafficking in cocaine and possession of a sawed-off shotgun against mitigating factors (early plea, youth, no record, rehabilitation prospects), the Court imposed a global sentence of three years imprisonment for the CDSA s.5(1) offence with the s.91(2) firearm sentence of three months to be served concurrently, and ordered ancillary forfeiture, victim surcharges, DNA collection and statutory firearm prohibitions.

Court Disposition

Defendant pleaded guilty and was convicted; sentenced to 3 years' imprisonment for CDSA s.5(1) and 3 months imprisonment concurrently for Criminal Code s.91(2) with ancillary orders imposed.

Orders

  • Imprisonment for 3 years in a federal institution on the CDSA s.5(1) count
  • Imprisonment for 3 months on Criminal Code s.91(2) to be served concurrently with the federal term