Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Possession of a weapon for a dangerous purpose, Possession of a firearm knowing its possession is unauthorized, Occupant of a motor vehicle knowing there is a firearm, Breach of a probation order
R. v. Cox
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Kaz Cox was convicted of possessing cocaine and hydromorphone for the purpose of trafficking and of firearms offences, including possession of a loaded sawed-off shotgun while bound by firearm prohibition orders, and breaches of probation, after a traffic stop near Bridgewater. The Crown sought a global sentence of seven years and Mr. Cox, who represented himself, sought three and a half years. Justice Rowe imposed a total of 6 years and 6 months, less 129 days' pre-sentence credit, finding the loaded firearm a tool of the drug trade and reducing the drug and breach sentences in light of Gladue factors.
In the judge's words
1The presence of the weapon in the context of drug trafficking constitutes a significant threat to the broader community, and I accept the Crown’s submission on sentence as in keeping with the principles of sentence addressing deterrence and denunciation.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 2 counts)
- Possession of a loaded prohibited or restricted firearm (CC 95(1))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1), 2 counts)
- Possession of a weapon for a dangerous purpose (CC 88)
- Possession of a firearm knowing its possession is unauthorized (CC 92(1))
- Occupant of a motor vehicle knowing there is a firearm (CC 94(1))
- Breach of a probation order (CC 733.1, 3 counts)
- Prior convictions
- 54 prior convictions, 5 violent1
- At the time of the offence
- On probation1
- Defence asked for
- 3 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Leonard MacKay (Federal Crown), Rick Woodburn (Provincial Crown)
Sources
- https://www.canlii.org/en/ns/nssc/doc/2022/2022nssc95/2022nssc95.html Court decision
[82] The Crown is seeking a global sentence of seven (7) years custody in a Federal Penitentiary.
[86] Mr. Cox is seeking a global sentence of 3.5 years, arriving at similar calculations in regard to the consecutive and concurrent sentencing proposed by the Crown in its submissions.
[1] Mr. Kaz Cox was convicted on October 1st, 2021 on 14 of a 15 count indictment on the following offences:
[30] Mr. Cox was bound by three separate s. 109 Criminal Code firearm prohibition orders at the time of the current offences, as well as another probation order which prohibited the possession of firearms.
[24] Mr. Cox has 54 prior criminal convictions, accumulated over the past 25 years and more. … [27] Mr. Cox does not have any prior convictions for firearms-related offences. His record does include five prior convictions for assaults and threats.
[78] Further, in recognition of these factors I consider that Mr. Cox’s sentence in relation to both s. 95 and s. 117. 01(3) of the Criminal Code should remain at three years and one year, respectively. … The presence of the weapon in the context of drug trafficking constitutes a significant threat to the broader community, and I accept the Crown’s submission on sentence as in keeping with the principles of sentence addressing deterrence and denunciation.
[97] The total amount then is 6 years and 6 months, subject to pre-sentence credit. … [98] The Court also applies the calculation of pre-sentence credit on Mr. Cox’s remand in relation to this set of charges in the indictment before me, with a result of 86 days, or 129 days at 1.5 to 1 day remand credit against sentence.
- R. v. Cox, 2022 NSSC 95 Court decision, Courts of Nova Scotia