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

R. v. Hickey

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposed4 years incarceration1
2 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked6 years in custody
Judge imposed4 years in custody
Defence asked2 years less a day conditional sentence
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.

Philip Hickey was convicted after trial of possessing a one-kilogram brick of cocaine for the purpose of trafficking, found in his Dartmouth garage in November 2018. The Crown sought six to seven years in custody; the defence sought a conditional sentence of two years less a day. Justice Brothers imposed 4 years' incarceration, finding that a sentence under two years would be demonstrably unfit given his prior record, the level of sophistication, and the amount and purity of the cocaine.

In the judge's words

[72] A sentence less than two years would be demonstrably unfit and would not in any way support a meaningful consideration of the objectives of denunciation and deterrence. … [73] Given the offender’s prior record, the level of sophistication, the amount and the purity of the cocaine, and taking into consideration the positive pre-sentence report, I have concluded that a fit and appropriate sentence is 4 years incarceration.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: Jill Hartlen and Maile Graham-Laidlaw
Defence: Patrick Atherton

Sources

  1. R. v. Hickey, 2023 NSSC 33 Court decision, CanLII, February 1, 2023[7] The Crown submits that, given the quantity of drugs involved and the clear evidence of sophistication such as the encrypted cellphone, … The Crown submits that Mr. Hickey should be sentenced to six-seven year custodial sentence.[6] Mr. Hickey maintains that an appropriate sentence for this offence is a sentence of two years less one day, to be served as a conditional sentence.[1] Mr. Hickey was charged on what became a one count indictment.[72] A sentence less than two years would be demonstrably unfit and would not in any way support a meaningful consideration of the objectives of denunciation and deterrence. … [73] Given the offender’s prior record, the level of sophistication, the amount and the purity of the cocaine, and taking into consideration the positive pre-sentence report, I have concluded that a fit and appropriate sentence is 4 years incarceration.[73] Given the offender’s prior record, the level of sophistication, the amount and the purity of the cocaine, and taking into consideration the positive pre-sentence report, I have concluded that a fit and appropriate sentence is 4 years incarceration.
  2. R. v. Hickey, 2023 NSSC 33 Court decision, Courts of Nova Scotia

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