Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Sampson
Sentence and the Crown's position
What the law allows
Herbert Joseph Sampson pleaded guilty to two counts of possessing hydromorphone and cocaine for the purpose of trafficking, from searches of his Louisdale home in November 2020 and February 2021. The Crown sought two years in custody; the defence sought a conditional sentence of just less than 24 months. Judge Halfpenny MacQuarrie imposed two years' incarceration on each count, concurrent, finding that he was a repeat offender who continued trafficking after the first search and had made no genuine attempt at rehabilitation.
In the judge's words
1[109] With specific reference to Mr. Sampson, the circumstances of his life, he is a 60-year-old repeat offender; the circumstances of these offences being just months apart with evidence from the first arrest to the second arrest that he was not halted at all in his illegal activity. [110] This court will not deviate from the cases in Nova Scotia that call for a term of imprisonment of two years.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 2 counts)
- Prior convictions
- 3 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Scott Millar
Defence: Robert Sutherland
Sources
- R. v. Herbert Joseph Sampson, 2023 NSPC 67 Court decision, CanLII, April 4, 2023
[5] Mr. Millar, for the Crown, is seeking a global sentence of two years incarceration with ancillary orders and Mr. Sutherland, a conditional sentence order of just less than 24 months with significant house arrest.
[1] Herbert Joseph Sampson is before the Court for sentencing in relation to two offences contrary to Section 5(2) of the Controlled Drugs and Substances Act
[91] Mr. Sampson comes before this Court with three prior drug offences, one from 1993 which was a 4(1) under the previous Narcotic Control Act for which he received a fine. In 2000 he was sentenced for a 5(2) CDSA offence for which he received 4 months incarceration and in 2019, a s. 4(1) CDSA for which, I believe, he received a fine.
[109] With specific reference to Mr. Sampson, the circumstances of his life, he is a 60-year-old repeat offender; the circumstances of these offences being just months apart with evidence from the first arrest to the second arrest that he was not halted at all in his illegal activity. [110] This court will not deviate from the cases in Nova Scotia that call for a term of imprisonment of two years.
[111] I am sure there will be cases where a conditional sentence is a proper and fit sentence and can meet all the purposes and principles of sentencing as I have referenced but the circumstance of this case is not one of them. Aggravating factors before this Court do not permit such, and taking totality into account, Mr. Sampson, you are sentenced to two years incarceration on the November 7th offence, followed by two years concurrent on the February 26th offence.
- R. v. Herbert Joseph Sampson, 2023 NSPC 67 Court decision, Courts of Nova Scotia