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

R. v. Carvery

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed2 years' imprisonment, then 2 years' probation1
1 year less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked3 years in custody
Judge imposed2 years in custody
Defence asked2 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.

After a trial, Antonio Eben Carvery was found guilty of possessing 49 grams of crack cocaine for the purpose of trafficking in Halifax in July 2021, while he was on parole; it was his fifth cocaine trafficking conviction. The Crown sought 3 years' imprisonment and the defence 2 years. Justice Rosinski imposed 2 years' imprisonment followed by 2 years' probation, relying on the Impact of Race and Cultural Assessment and the restraint required in sentencing marginalized African Nova Scotian offenders.

In the judge's words

[91] For a repeat offender, albeit there being a gap in time, possession for the purpose of trafficking 49g of crack cocaine requires a proportionately specific and generally deterrent sentence. Before consideration of the mitigating and aggravating factors, a sentence of 40 months would be a reasonable outcome in this case.

1

The record

Prior convictions
15 prior convictions1
At the time of the offence
On parole1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: Maile Graham-Laidlaw
Defence: Patrick K. MacEwen

Sources

  1. R. v. Carvery, 2025 NSSC 133 Court decision, CanLII, April 10, 2025[4] The Crown recommends a sentence of 3 years' imprisonment[5] Mr. MacEwen argues that while imprisonment is appropriate here it should be at the lower end, namely 2 years' imprisonment, and possibly to be followed by a period of probation.[1] After trial [2024 NSSC 105], on April 12, 2024 I found Mr. Carvery guilty that he did on 15 July 2021, in Halifax, have possession for the purpose of trafficking, 49g of crack cocaine, contrary to section 5(2) of the Controlled Drugs and Substances Act ("CDSA").[55] On July 15, 2021, at the time he was arrested, Mr. Carvery was on parole and due to attend one of the required drug counselling sessions at the MacDonald Building regarding his rehabilitation.[13] Mr. Carvery has an extensive criminal record, which was set out in part at para. 7 of the Crown’s brief.[91] For a repeat offender, albeit there being a gap in time, possession for the purpose of trafficking 49g of crack cocaine requires a proportionately specific and generally deterrent sentence. Before consideration of the mitigating and aggravating factors, a sentence of 40 months would be a reasonable outcome in this case.[99] … I conclude that a sentence of two years' imprisonment which permits two years' probation, with the ancillary Orders sought by the Crown, is a just sentence.
  2. Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
  3. R. v. Carvery, 2025 NSSC 133 Court decision, Courts of Nova Scotia

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