Sentence Watch

Selling, transporting or possessing for sale unstamped tobacco products

R. v. Adwan

Crown askedSuspended sentence1
Judge imposedSuspended sentence with 12 months' probation (s. 121.1 Criminal Code); minimum fines imposed separately under the Revenue Act and Excise Act, 20011

What the law allows

Maximum5 years
Crown askedSuspended sentence
Judge imposedSuspended sentence
Defence askedDischarge
For selling, transporting or possessing for sale unstamped tobacco products (CC 121.1(1)), the Criminal Code currently allows up to 5 years when the Crown proceeds by indictment, with no mandatory minimum. Read the section.

Bashar Adwan was found guilty of transporting and possessing unstamped tobacco for sale under s. 121.1(1) of the Criminal Code, along with tobacco offences under the provincial Revenue Act and the federal Excise Act, 2001, after a stop near Saltsprings in Cumberland County. The Crown sought a suspended sentence with 12 months' probation on the Criminal Code count, while the defence sought an absolute discharge and challenged the minimum fines under the other statutes. Judge Michie rejected the Charter challenge and the discharge request and imposed a suspended sentence with 12 months' probation, finding a strong public interest in tobacco smuggling offences resulting in a criminal record.

In the judge's words

In short, there is a strong public interest that tobacco smuggling offences should result in a criminal record. This is the need for general deterrence.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
Discharge1
Appeal
Not yet checked
Counsel
Crown: Paul Drysdale (Provincial Crown), Scott Millar (Federal Crown)
Defence: Godfred Chongatera

More cases by The Honourable Judge Rosalind Michie

  1. May 5, 2023
    R. v. C.S., 2023 NSPC 34Sexual interference, Amherst
    7 years' imprisonment
  2. July 15, 2022
    R. v. Gloade, 2022 NSPC 59Assault causing bodily harm, Truro
    • Below the Crown's ask
    14 months (420 days) incarceration, fully satisfied by 1,296 days of enhanced remand credit; lifetime s. 109 prohibition, DNA
  3. February 23, 2022
    R. v. Smith, 2022 NSPC 11Trafficking in a Schedule I or II substance, Amherst
    Suspended sentence with 36 months probation

More from the Provincial Court of Nova Scotia

  1. August 25, 2026
    R. v. Beals, 2026 NSPC 43Operation with blood alcohol over the legal limit; Breach of a release order; Possession of a Schedule I or II substance for the purpose of trafficking, Dartmouth. Judge Timothy G. Daley
    2 years less a day conditional sentence (house arrest for 12 months, then curfew), then 2 years probation
  2. July 30, 2026
    R. v. Jarvis, 2026 NSPC 37Aggravated assault, Beechville. Judge Mark Heerema
    • Below the Crown's ask
    3 years in a federal penitentiary, with DNA and weapons prohibition orders
  3. July 28, 2026
    R. v. Keddy, 2026 NSPC 36Failure to comply with a sex offender registration order, Dartmouth. Judge Timothy G. Daley
    90 days in custody, straight time
  4. July 24, 2026
    R v Chen, 2026 NSPC 47Fraud over $5,000, Halifax. Judge Elizabeth A. Buckle
    2 years less a day conditional (12 months house arrest, 200 hours community service), then 3 years probation

All cases from the Provincial Court of Nova Scotia (71)

More cases in Amherst

  1. December 16, 2025
    R. v. Strong, 2025 NSSC 405Dangerous operation causing bodily harm; Dangerous operation causing death. Justice Joshua M. Arnold
    54 months (four years and six months) in prison, all counts concurrent; 5-year driving prohibition and 10-year firearms prohibition
  2. May 5, 2023
    R. v. C.S., 2023 NSPC 34Sexual interference. Judge Rosalind Michie
    7 years' imprisonment
  3. February 23, 2022
    R. v. Smith, 2022 NSPC 11Trafficking in a Schedule I or II substance. Judge Rosalind Michie
    Suspended sentence with 36 months probation

Sources

  1. https://www.canlii.org/en/ns/nspc/doc/2021/2021nspc64/2021nspc64.html Court decisionc. In relation to the offence contrary to s.121.1 of the Criminal Code, a suspended sentence and probation for a period of 12 months.[11] Mr. Chongatera, on behalf of the offenders, submits that the minimum fine provisions of the Excise and Revenue Acts are not Charter compliant and must therefore be struck down, and that the defendants should instead be sentenced to an absolute discharge with respect to s. 121.1(1)[1] The Accused, Bashar Mohammad Adwan, was charged in an Information sworn on January 16, 2019, that he did:[115] I find that I can accept that both defendants come before the Court to be sentenced without prior criminal convictions.[127] In short, there is a strong public interest that tobacco smuggling offences should result in a criminal record. This is the need for general deterrence.[131] In relation to the charge under s.121.1(1) of the Criminal Code, I impose a suspended sentence, with 12 months probation for both accused.
  2. Criminal Code, s. 121.1 Record, Justice Laws Website
  3. R. v. Adwan, 2021 NSPC 64 Court decision, Courts of Nova Scotia

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