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
What the law allows
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
1I find that Mr. Mackinnon’s circumstances are such that they are characteristic of someone involved in a mid-level cocaine trafficking operation.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2))
- Breach of an undertaking (CC 145(4))
- Possession of property obtained by crime $5,000 or under (CC 354/355(b))
- 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
- 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.
- R. v. MacKinnon, 2022 NSPC 12 Court decision, Courts of Nova Scotia