Trafficking in a Schedule I or II substance
R. v. Smith
Sentence and the Crown's position
Crown asked18 months in custody1
Judge imposedSuspended sentence with 36 months probation1
18 months less custody than the Crown asked
What the law allows
MaximumLife imprisonment
Crown asked18 months in custody
Judge imposedSuspended sentence
Defence askedSuspended sentence
Ryan Smith pleaded guilty to trafficking cocaine in Amherst in December 2017; 2 grams were found on him and 87 grams at his residence. The Crown sought 18 months to two years of incarceration; the defence sought a suspended sentence with about three years of probation. Judge Michie suspended the passing of sentence and imposed 36 months of probation, finding that a custodial sentence would negatively impact his rehabilitation progress, which she described as remarkable.
In the judge's words
1It is my conclusion that a period of imprisonment is not called for in this case, and that the imposition of a custodial sentence would negatively impact the offender’s rehabilitation progress.
The record
- Convicted of
- Trafficking in a Schedule I or II substance (CDSA 5(1))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Suspended sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: Douglas Shatford
Defence: Jim O’Neil
Sources
- R. v. Smith, 2022 NSPC 11 Court decision, CanLII, February 23, 2022
[5] The crown is asking the court to impose a sentence in the range of 18 months to two years incarceration.
[6] Defence counsel says the court should impose a period of probation in the range of three years. … [29] Defence counsel urges me to consider a sentence at the low end of the sentencing range, a suspended sentence with lengthy probation.
[9] Trafficking cocaine carries a maximum sentence of life imprisonment. Absent certain aggravating factors, there is no legislated mandatory minimum sentence.
[1] This is my sentencing decision with respect to Her Majesty the Queen v. Ryan Smith as defendant.
Mr. Smith comes before the court as a first-time offender with no prior adult criminal record.
[56] It is my conclusion that a period of imprisonment is not called for in this case, and that the imposition of a custodial sentence would negatively impact the offender’s rehabilitation progress.
[58] Having considered all of the foregoing factors, the following sentence is imposed: Mr. Smith, I am suspending the passing of sentence and impose a 36 month period of probation, the terms of which are as follows:
- R. v. Smith, 2022 NSPC 11 Court decision, Courts of Nova Scotia