Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Hickey
Sentence and the Crown's position
What the law allows
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
1[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.
The record
Sources
- 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.
- R. v. Hickey, 2023 NSSC 33 Court decision, Courts of Nova Scotia