Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Borden
Sentence and the Crown's position
What the law allows
Jeffrey Blair Borden pleaded guilty to possessing 378 grams of cocaine for the purpose of trafficking and to possessing unstamped cigarettes. Justice Arnold imposed two years in prison followed by three years of probation on the trafficking charge, and a joint-recommendation fine of $2,308.40 on the cigarette charge. The judge found that a sentence as lengthy as the Crown proposed was not necessary given the offender's reduced moral blameworthiness shown in his Impact of Race and Culture Assessment, his cooperation and his early guilty plea.
In the judge's words
1Considering the comments in Scott, Anderson, and Wournell, while denunciation and deterrence are paramount considerations, a sentence in the range of two years is available for a mid-level retail trafficker in Mr. Borden’s circumstances.
The record
Sources
- R. v. Borden, 2025 NSSC 32 Court decision, CanLII, January 20, 2025
[2] The parties filed an Agreed Statement of Facts, which states: … These facts constitute admissions on the part of Jeffrey Blair Borden pursuant to section 655 of the Criminal Code
[4] Mr. Borden has a criminal record, including the following offences and sentences:
[37] Considering the comments in Scott, Anderson, and Wournell, while denunciation and deterrence are paramount considerations, a sentence in the range of two years is available for a mid-level retail trafficker in Mr. Borden’s circumstances.
[40] In relation to the s. 5(2) CDSA charge, Mr. Borden is sentenced to two years in prison, followed by three years of probation.
- Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
- R. v. Borden, 2025 NSSC 32 Court decision, Courts of Nova Scotia