R. v. Scott

R. v. Scott

The court accepted the joint recommendation and imposed a two-year federal sentence for possession of cocaine for the purpose of trafficking because the quantity of cash ($111,559.40), 24 g of cocaine and 480 g of cannabis indicated a level of trafficking above petty retailing; the recommendation was consistent with proportionality and precedent and did not bring the administration of justice into disrepute; a concurrent nine-month sentence was imposed for the cannabis count for a total effective sentence of two years, and ancillary orders (DNA collection, firearm prohibition, forfeiture of proceeds and drugs) were directed.

Citation
2019 NSPC 19
Parties
Crown: Her Majesty the Queen; Defendant: Tyler Alexander Scott
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 June 2019
Procedural Posture
Criminal / Sentencing Decision
Outcome
Guilty pleas accepted; sentence imposed: 2 years imprisonment (federal) for possession of cocaine for the purpose of trafficking (case 8294533) with concurrent 9-month sentence for possession of cannabis for the purpose of trafficking (case 8294527); total effective sentence 2 years. Ancillary orders imposed: DNA...
Legal Topics
Possession for the Purpose of Trafficking, Sentencing Benchmarks and Proportionality, Ancillary Orders (dna, Firearm Prohibition), Forfeiture of Proceeds and Drugs
Source Language
English
Criminal Law Sentencing Drugs Law Forfeiture Law Possession for the Purpose of Trafficking Sentencing Benchmarks and Proportionality Ancillary Orders (dna, Firearm Prohibition) Forfeiture of Proceeds and Drugs

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Parties

Her Majesty the Queen

Crown

Tyler Alexander Scott

Defendant

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 What is the appropriate sentence for possession for the purpose of trafficking in cocaine given the quantity of drugs and proceeds of crime seized
  2. 2 Whether the joint recommendation for a two-year federal sentence meets the standards in R v Anthony-Cook and sentencing proportionality principles
  3. 3 Which ancillary orders are required (DNA collection, firearm prohibition, forfeiture)

Ratio Decidendi

The court accepted the joint recommendation and imposed a two-year federal sentence for possession of cocaine for the purpose of trafficking because the quantity of cash ($111,559.40), 24 g of cocaine and 480 g of cannabis indicated a level of trafficking above petty retailing; the recommendation was consistent with proportionality and precedent and did not bring the administration of justice into disrepute; a concurrent nine-month sentence was imposed for the cannabis count for a total effective sentence of two years, and ancillary orders (DNA collection, firearm prohibition, forfeiture of proceeds and drugs) were directed.

Court Disposition

Guilty pleas accepted; sentence imposed: 2 years imprisonment (federal) for possession of cocaine for the purpose of trafficking (case 8294533) with concurrent 9-month sentence for possession of cannabis for the purpose of trafficking (case 8294527); total effective sentence 2 years. Ancillary orders imposed: DNA...

Orders

  • Sentence of 2 years imprisonment in a federal institution for case 8294533 (possession of cocaine for the purpose of trafficking)
  • Sentence of 9 months imprisonment for case 8294527 (possession of cannabis for the purpose of trafficking) to be served concurrently