Possession of a Schedule I or II substance for the purpose of trafficking, Breach of a release order
R. v. Chaisson
Sentence and the Crown's position
What the law allows
Gabriel George Chaisson was found guilty after trial of possession of 145 grams of cocaine for the purpose of trafficking and two counts of breaching a release order. The Crown sought eight years in a federal penitentiary; the defence sought 40 months. Justice Norton imposed five years (1825 days), with 30 days concurrent on each breach, finding the offence fell between street-level and mid-level dealing, and granted 1363 days of pre-sentence credit plus 62 days of additional credit for lack of dental care in custody.
In the judge's words
1Considering the legal principles and all of the circumstances it is my opinion that a fit and proper sentence for the offence contrary to section 5 CDSA is 5 years. This reflects my finding that the circumstances of Mr. Chaisson’s offence fall between the high end of the range of sentence for a street-level dealer and the low end of the range of sentence for a mid-level dealer.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2))
- Breach of a release order (CC 145(5), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Defence asked for
- 40 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Mark Covan and Scott Millar
Defence: Johnathan Hughes
Sources
- R. v. Chaisson, 2023 NSSC 144 Court decision, CanLII, May 5, 2023
[6] The Crown’s position is the appropriate range of sentence is 6-8 years and that Mr. Chaisson should be sentenced to a custodial term of 8 years in a Federal penitentiary.
[7] Mr. Chaisson asserts that the appropriate range of sentence is 2-6 years and he should be sentenced to 40 months for the CDSA charge and 30 days concurrent for each of the two offences of breach of a release order.
[1] By decision dated May 13, 2022 and reported at 2022 NSSC 135, I found Mr. Chaisson guilty of one count of possession of 145 grams of Cocaine for the purpose of trafficking
[1] … two counts of breach of a condition of a release order contrary to s. 145(5)(a) of the Criminal Code, specifically that he knowingly breached the conditions of keeping the peace and being of good behaviour; and, possessing a controlled substance.
[21] Considering the legal principles and all of the circumstances it is my opinion that a fit and proper sentence for the offence contrary to section 5 CDSA is 5 years. This reflects my finding that the circumstances of Mr. Chaisson’s offence fall between the high end of the range of sentence for a street-level dealer and the low end of the range of sentence for a mid-level dealer.
[40] To summarize, I sentence Mr. Chaisson to 1825 days (5 years) in custody. The parties agree that Mr. Chaisson has been in custody for 908 days and is entitled to credit of 1363 days (3 years, 268 days) for his pre-sentence custody calculated at a rate of 1.5 days credit for each day served. I have determined he is entitled to a further “Duncan” credit of 62 days. This leaves the balance of the sentence going forward to be 400 days (1 year, 35 days).
- R. v. Chaisson, 2023 NSSC 144 Court decision, Courts of Nova Scotia