Possession of property obtained by crime over $5,000, Conspiracy to commit an indictable offence
R. v. Cuvelier
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Jacob Thomas Cuvelier pleaded guilty to conspiring to traffic cocaine, involving about 700 grams, and to possessing more than $5,000 in proceeds of crime in Halifax. The Crown sought a total of four years in custody, while the defence sought a conditional sentence of two years less a day. Justice Brothers imposed a conditional sentence of two years less a day followed by three years of probation, finding exceptional circumstances in his rehabilitation efforts since the offences.
In the judge's words
1[137] I find that in the exceptional circumstances of this case, the mitigating factors outweigh the aggravating ones, and the fundamental purpose and principles of sentencing are best served by the imposition of a sentence of less than two years’ imprisonment.
The record
- Convicted of
- Possession of property obtained by crime over $5,000 (CC 354/355(a))
- Conspiracy to commit an indictable offence (CC 465(1)(c))
- 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: Leonard MacKay, David Schermbrucker and Terri Lipton
Defence: Hanna Garson
Sources
- R. v. Cuvelier, 2024 NSSC 28 Court decision, CanLII, January 23, 2024
Applying the totality principle, the Crown submits that the sentence for conspiracy should be reduced to three years, resulting in a total sentence of four years.
[11] The Defence maintains that a 24-month (less a day) CSO is appropriate for conspiracy to traffic cocaine in the particular circumstances of this offence, and a 12-month CSO, running concurrently, for possessing the proceeds of crime. The 24-month less a day CSO would be followed by 24 months of probation.
[5] Mr. Cuvelier has pled guilty to the following two charges:
[137] I find that in the exceptional circumstances of this case, the mitigating factors outweigh the aggravating ones, and the fundamental purpose and principles of sentencing are best served by the imposition of a sentence of less than two years’ imprisonment.
[171] A fit and appropriate sentence for Mr. Cuvelier for the offence of conspiring to traffic in cocaine is 24 months less a day or a 729-day CSO running concurrent to a 12-month CSO for the offence of possession of proceeds of crime. Additionally, I order the 729-day CSO to be followed by 36 months of probation.
- R. v. Cuvelier, 2024 NSSC 28 Court decision, Courts of Nova Scotia