Possession of a Schedule I or II substance for the purpose of trafficking, Possession of anything for use in producing or trafficking a controlled substance, Unauthorized possession of a firearm
R. v. Smith
- Below the Crown's ask
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Tina Lee Smith was found guilty after trial of two counts of unauthorized possession of a firearm, possession of cocaine for the purpose of trafficking, and possession of tools for use in trafficking. The Crown sought a two-year federal sentence of incarceration; the defence sought an eighteen-month conditional sentence. Judge van der Hoek imposed a conditional sentence of two years less a day, with house arrest followed by curfew, finding Smith was not the primarily involved individual and that the mitigating factors substantially outweighed the aggravating factors.
In the judge's words
1Mrs. Smith’s circumstances, I find, are sympathetic- she has a limited unrelated criminal record, was not the primarily involved individual, and appears to have followed along with her husband who was not the first in a serious of men in her life with concerning issues. But for the firearms, I would have considered imposing an eighteen-month CSO, but those additional charges support the imposition of a sentence of just under two years.
The record
Sources
- R. v. Smith, 2023 NSPC 17 Court decision, CanLII, May 8, 2023
[6] The Crown seeks a total two-year federal sentence of incarceration and notes same remains the starting point based on provincial appellate case law.
[7] Defence counsel seeks an eighteen-month conditional sentence order and reminds the Court that recent legislative changes render that an available sentence.
[1] Following a three-day trial, I found Mrs. Smith guilty of four charges: two counts of unauthorized possession of firearms, contrary to section 91(1) of the Criminal Code of Canada; possession of cocaine for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act and possession of tools for use in trafficking contrary to s. 7.1(1) of the Act.
[64] After reviewing the foregoing, I conclude that a sentence of less than 2 years is fit and appropriate in the circumstances. Mrs. Smith’s circumstances, I find, are sympathetic- she has a limited unrelated criminal record, was not the primarily involved individual, and appears to have followed along with her husband who was not the first in a serious of men in her life with concerning issues. But for the firearms, I would have considered imposing an eighteen-month CSO, but those additional charges support the imposition of a sentence of just under two years.
[66] Since hearing the sentencing submissions, I balanced and carefully considered the facts of this case, the contents of the PSR, and reviewed the case law. The mitigating factors, I find, substantially outweigh the aggravating factors. I am satisfied that a period of federal incarceration is not necessary to meet the sentencing principles applicable in this case- denunciation and general deterrence. Two years less a day is a fit sentence. … [67] I am satisfied that denunciation and deterrence can be achieved by imposition of a conditional sentence order with strict conditions including house arrest and curfew.
- Criminal Code, s. 91 Record, Justice Laws Website
- R. v. Smith, 2023 NSPC 17 Court decision, Courts of Nova Scotia