Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Beals
Sentence and the Crown's position
What the law allows
Glen Beals pleaded guilty to possession of 4.8 grams of crack cocaine for the purpose of trafficking in Dartmouth. The Crown sought a two-year penitentiary sentence; the defence sought a conditional sentence. Judge Duffy imposed six months' incarceration, less 110 days' remand credit, followed by 18 months of probation, finding a custodial sentence was needed for specific deterrence given his prior trafficking convictions but that a penitentiary term was not fit in light of the Impact of Race and Culture Assessment and systemic factors.
In the judge's words
1I agree with defence counsel that a contextualized sentencing process requires the sentencing outcome, and particularly Mr. Beals’ moral culpability, to be informed by systemic factors. That is essential to achieving a proportionate sentence.
The record
- Convicted of
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Jeffrey Moors
Defence: Sarah White
Sources
- R. v. Beals, 2023 NSPC 63 Court decision, CanLII, October 18, 2023
[6] This was a contested sentencing hearing. The Crown asks the Court to impose a 2-year penitentiary sentence, with enhanced remand credit at a ratio of 1.5:1 pursuant to R. v. Carvery, 2012 NSCA 107 for time spent in pre-trial custody.
[8] There are no mandatory minimum penalties applicable, and both recommendations are legislatively available sentences.
[1] Glen Beals comes before the Court having pled guilty to a single count of possession of cocaine for the purpose of trafficking.
[77] I agree with defence counsel that a contextualized sentencing process requires the sentencing outcome, and particularly Mr. Beals’ moral culpability, to be informed by systemic factors. That is essential to achieving a proportionate sentence.
[83] I conclude that a six-month sentence of incarceration followed by an 18-month period of probation gives effect to the principles of restraint and rehabilitation … [85] In accordance with s. 719(3.3), the warrant of committal will be endorsed to record that the amount of time spent in custody is 73 days to date, the term of imprisonment that would have been imposed but for the remand credit is 180 days, the amount of time credited is 110 days, and the total sentence of the court is 70 days in custody.
- R. v. Beals, 2023 NSPC 63 Court decision, Courts of Nova Scotia