Possession of a Schedule I or II substance for the purpose of trafficking
R. v. A.C.S.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to possession of cocaine for the purpose of trafficking; the Crown said he possessed 100 grams and had earlier sold one ounce on three occasions. The Crown sought a three-year federal term; the defence sought a suspended sentence with probation. Justice Murray imposed 90 days in custody, to be served intermittently, followed by 30 months of probation, citing the offender's lack of a record, employment, stable relationship and efforts to get back on his feet.
In the judge's words
1When I consider all of the circumstances of the offence and the offender, as well as the objective to deter others, to contribute to respect for society, to provide reparations for harm done to the community, the principle of proportionality and moral blameworthiness, I have concluded that it is not necessary to separate Mr. … from society for a lengthy period in order for these objectives to be served.
The record
Sources
- https://www.canlii.org/en/ns/nssc/doc/2021/2021nssc303/2021nssc303.html Court decision
[7] The Crown is seeking a three (3) year federal term of imprisonment.
[7] The Crown is seeking a three (3) year federal term of imprisonment. The Defence is seeking a suspended sentence and three (3) years of probation or alternatively a 90 day intermittent sentence followed by a two and a half (2.5) years of probation.
[3] This is a serious charge. Prior to this offence Mr. … had no prior record.
[37] When I consider all of the circumstances of the offence and the offender, as well as the objective to deter others, to contribute to respect for society, to provide reparations for harm done to the community, the principle of proportionality and moral blameworthiness, I have concluded that it is not necessary to separate Mr. … from society for a lengthy period in order for these objectives to be served.
[43] In summary, I sentence Mr. … to 90 days in custody, time to be served intermittently, together with probation for a period of 30 months, the terms of which include:
- R. v. A.C.S., 2021 NSSC 303 Court decision, Courts of Nova Scotia