Possession of a Schedule I or II substance for the purpose of trafficking, Breach of an undertaking, Possession of property obtained by crime $5,000 or under

R. v. MacKinnon

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed4 ½ years for possession of cocaine for trafficking, 6 months concurrent for possession of proceeds, 1 day served for breach of undertaking1
185 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed4 years and 6 months in custody
Defence asked3 years in custody
For possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Jarrett Anthony MacKinnon pleaded guilty to possession of cocaine for the purpose of trafficking, possession of proceeds of crime under $5,000 and breach of an undertaking after police seized 500 grams of cocaine from his New Waterford residence. The Crown sought a global sentence of five years; the defence sought three years. Judge Russell imposed four and a half years in custody, with six months concurrent for the proceeds offence and one day served for the breach, finding him part of a mid-level cocaine trafficking operation.

In the judge's words

I find that Mr. Mackinnon’s circumstances are such that they are characteristic of someone involved in a mid-level cocaine trafficking operation.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
On bail1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: David Iannetti and Darcy MacPherson
Defence: Oge Egereonu

Sources

  1. R. v. MacKinnon, 2022 NSPC 12 Court decision, CanLII, March 26, 2022[18] Mr. Iannetti, the Federal Crown is seeking a global sentence of 5 years. Four- and one-half years for the CDSA 5(2) offence and 6 months consecutive for the s.354(1)(A) proceeds of crime offence.[19] Mr. Egereonu argues that a fit and proper global sentence for all matters is 3 years.[1] This is the sentencing of Jarrett Anthony Mackinnon (DOB November 25, 1985).[40] The accused was on an undertaking at the time of the offence.[8] The accused is 36 years of age. He has no prior record. … For the purposes of this sentencing, I do not attach any weight to the absolute discharges. The accused is being sentenced as a first-time offender.[31] … I find that Mr. Mackinnon’s circumstances are such that they are characteristic of someone involved in a mid-level cocaine trafficking operation.[52] Mr. MacKinnon will be sentenced as follows … • August 25, 2020, Count #1 CDSA 5(2) – Four (4) and One Half (1/2) years in Custody. • August 25, 2020, Count #2 354(1) (A) – Six (6) months concurrent. • August 25, 2020, one (1) day served by his presence in court.
  2. R. v. MacKinnon, 2022 NSPC 12 Court decision, Courts of Nova Scotia

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