Supreme Court
Decision Information
Summary: Just before trial, 27 year old accused pleads guilty to possession of a narcotic for the purpose of trafficking. Search of vehicle had turned up three quarters of a pound of marijuana. No suggestion he is part of a wider trafficking ring, but trafficking helps finance his personal drug habit. Across Canada emphasis is on general deterrence for this crime. Court considers whether conditional sentence appropriate. Court does not want to undermine clear intent of Parliament in enacting this new regime by creating classification of offences for which conditional sentences would not be available. First offence for accused, he has no history or record of violence, since his arrest he has tried to address his drug abuse problems, and he has support of other individuals and organizations in the community. Court determines all three conditional sentence criteria are met.
Decision: Sentence - Nine months conditional sentence including 120 hours community service work
Subjects: Criminal law - Drug offences - Possession for the purpose of trafficking
Criminal law - Sentencing - Validity of sentence