R. v. Currie

R. v. Currie

Court accepted the informed joint submission and sentenced Currie on the three matters to consecutive custodial terms resulting in a total of two years plus one day, imposed a DNA collection order on one CDSA count, imposed specified firearm prohibitions (including life for prohibited firearms), and declined to order victim surcharges due to undue hardship.

Citation
2012 NSPC 131
Parties
Prosecution: Her Majesty the Queen; Defendant: Vincent William Currie
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 December 2012
Procedural Posture
Criminal Indictable / Sentencing
Outcome
Guilty pleas entered; sentenced to custody of two years plus one day; ancillary DNA and firearm prohibition orders imposed; victim surcharge declined.
Legal Topics
Possession for the Purpose of Trafficking, Breach of Probation, DNA Collection Orders, Firearm Prohibitions, Joint Submission on Sentence, Offender Classification
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Possession for the Purpose of Trafficking Breach of Probation DNA Collection Orders Firearm Prohibitions Joint Submission on Sentence +1 more

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Parties

Her Majesty the Queen

Prosecution

Vincent William Currie

Defendant

Procedural Posture

Criminal Indictable / Sentencing

Legal Issues

  1. 1 Appropriate sentence for two counts of possession for the purpose of trafficking under s.5(2) CDSA
  2. 2 Appropriateness and deference to a negotiated joint submission on sentence
  3. 3 Classification of offender (petty retailer) for sentencing range purposes

Ratio Decidendi

Court accepted the informed joint submission and sentenced Currie on the three matters to consecutive custodial terms resulting in a total of two years plus one day, imposed a DNA collection order on one CDSA count, imposed specified firearm prohibitions (including life for prohibited firearms), and declined to order victim surcharges due to undue hardship.

Court Disposition

Guilty pleas entered; sentenced to custody of two years plus one day; ancillary DNA and firearm prohibition orders imposed; victim surcharge declined.

Orders

  • Case 2517003 (s.5(2) CDSA): one year imprisonment.
  • Case 2534643 (s.5(2) CDSA): one year imprisonment, to be served consecutively; DNA collection order pursuant to Criminal Code s.733.1; firearm/weapon prohibition: 10 years plus additional 2 years for non-prohibited firearms/ammunition/explosives and life prohibition for prohibited firearms/restricted items.