Possession of a Schedule I or II substance for the purpose of trafficking

R. v. Boudreau

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed4 years custody; s. 109, DNA and forfeiture orders1

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed4 years in custody
For possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Glen Gerard Boudreau pleaded guilty to possession of cocaine for the purpose of trafficking after a December 2019 traffic stop on Highway 104 found more than 775 grams of cocaine, other drugs and over $12,000 in cash. The Crown sought four years in custody; the defence sought a conditional sentence. Justice Gogan imposed four years in custody, finding a conditional sentence outside the range for a mid to high-level retailer and that deterrence and denunciation must be emphasized even for a youthful first-time offender.

In the judge's words

[50] In recognition of the mitigating factors, I conclude that the deterrence and denunciation can properly be effected by a sentence that is slightly below the range recognized in LeBlanc. The overwhelming concern is to speak to Boudreau and to others in the community that cocaine trafficking will not be tolerated and will be condemned, even for youthful, first-time offenders.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: Scott Millar and Drew MacQuarrie
Defence: Alexander J. MacKillop

Sources

  1. R. v. Boudreau, 2023 NSSC 131 Court decision, CanLII, April 19, 2023[26] The Crown submits that the sentencing objectives can be achieved with a four-year custodial sentence.[34] For this offence, there is no minimum penalty that applies. The maximum penalty is life imprisonment.[52] Glen Gerard Boudreau - I sentence you to serve a period of four years custody. You are remanded into custody to serve your sentence.[11] Boudreau was 22 years old at the time of the offence and is now just shy of 26. He has no other criminal convictions.[50] In recognition of the mitigating factors, I conclude that the deterrence and denunciation can properly be effected by a sentence that is slightly below the range recognized in LeBlanc. The overwhelming concern is to speak to Boudreau and to others in the community that cocaine trafficking will not be tolerated and will be condemned, even for youthful, first-time offenders.[52] Glen Gerard Boudreau - I sentence you to serve a period of four years custody. You are remanded into custody to serve your sentence.
  2. R. v. Boudreau, 2023 NSSC 131 Court decision, Courts of Nova Scotia

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