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Decision information:
Abstract: Transcript of the Reasons for Sentence
Decision Content
R. v. Young, 2010 NWTSC 18
S-1-CR2009000012
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE MATTER OF:
HER MAJESTY THE QUEEN
- vs. -
REGINALD YOUNG
_________________________________________________________
Transcript of the Reasons for Sentence by The Honourable
Justice D. M. Cooper, at Hay River in the Northwest
Territories, on March 1st A.D., 2010.
_________________________________________________________
APPEARANCES:
Mr. M. Lecorre: Counsel for the Crown
Mr. N. Homberg: Counsel for the Accused
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Charge under s. 5(1) Controlled Drugs and Substances Act
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1 THE COURT: The accused stands convicted,
2 after a trial by Judge alone, of having
3 trafficked in a controlled substance, namely
4 cocaine, and for this the penalty can be up to
5 life imprisonment. The Crown asks that the Court
6 impose a denunciatory sentence of approximately
7 13 months in that the circumstances of the case
8 at bar, and of the accused, are similar to those
9 in R. v. Simpson 2008 NWTSC 92, a previous
10 decision of this Court; in fact, one which I have
11 rendered. The defendant asks the Court to
12 consider imposing a sentence that is less
13 restrictive having reference to the provisions of
14 Section 718.2 of the Criminal Code.
15 I have previously set out the facts in this
16 case in some detail in the reasons for judgment
17 that I delivered earlier today and so will not
18 review those facts at any length. In short, I
19 found the accused guilty of having sold
20 approximately 1.2 grams of cocaine to another
21 person for the sum of $200.
22 In terms of personal circumstances, the
23 accused is a 43-year-old Metis man who is
24 currently unemployed but who, defence counsel
25 advises, works as a fisherman during summer
26 months. He is living in a common-law
27 relationship and his partner is one month
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1 pregnant. He has struggled with alcohol
2 addiction but has been sober the past few years.
3 He has a modest criminal record although, of
4 note, with no related convictions. The last
5 conviction occurred in 2007 where the accused was
6 convicted of impaired driving and two offences
7 for failing to attend court. The previous minor
8 convictions are in excess of 20 years old.
9 In the Northwest Territories, Courts have
10 consistently said that the offence of trafficking
11 in "hard drugs", like cocaine, calls for a
12 denunciatory and deterrent sentence and one that
13 offers protection to the public such as in the
14 case here.
15 The drug trade is a scourge which damages
16 communities and destroys lives. Those who engage
17 in this enterprise do so at their own risk.
18 While I note that the accused is of Metis
19 heritage, I have not heard of any systemic
20 factors which could or should lead me to consider
21 a restorative type sentence.
22 Having reference to Section 718.2 and
23 Section 10(2) of the Controlled Drugs and
24 Substances Act, I find that none of the
25 aggravating factors listed in those sections
26 apply in this case. However, I can see no
27 mitigating factors either.
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1 There was, from the accused, no expression
2 of remorse and he did not plead guilty. He was
3 entitled to have his trial, and this is not
4 aggravating in itself, but he does not get the
5 benefit of mitigation of sentence for having
6 pleaded guilty.
7 The circumstances were very similar to those
8 in the Simpson case. Both accused were
9 trafficking in a gram, or a little more than a
10 gram, of cocaine; both were middle-aged; both had
11 minor criminal and unrelated records; and both
12 went to trial. One minor distinction is that in
13 Simpson the accused was offering to traffic,
14 offering to sell and was convicted of
15 trafficking, whereas here an actual transaction
16 occurred. It was suggested in the Simpson case
17 that offering to sell is to be treated more
18 leniently than actually selling of cocaine, or of
19 drugs, but this is particularly the case where
20 what is being offered for sale is not a real drug
21 but rather an imitation. However, there is some
22 authority to suggest that offering to sell is not
23 as serious, to be treated as seriously as actual
24 selling.
25 One of the principles of sentencing, which
26 counsel have referred to, is that similar
27 sentences are to be imposed upon similar
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1 offenders in similar circumstances. Having
2 reference to that principle and the facts in this
3 case and the personal circumstances of the
4 accused, I am going to sentence this accused to
5 13 months imprisonment. I recommend that the
6 authorities give consideration to the accused
7 serving his sentence in the South Mackenzie
8 Correctional Centre.
9 Given the circumstances of the accused, his
10 age, I am not inclined to make a probation order
11 in this case. It will be for the accused to
12 decide if he is going to turn himself around and
13 stay away from this kind of activity. And I am
14 sure that should he wish to obtain counselling,
15 he can do so without having to be ordered to do
16 so by the Court.
17 There will be a Section 109 firearms
18 prohibition order which will remain in force for
19 ten years starting from the date that Mr. Young
20 is released from custody.
21 With respect to the DNA order requested by
22 the Crown, other than the accused having a minor
23 and unrelated record and the fact that this is a
24 serious offence, there appears to be, to me, no
25 rationale for making this order. Such an order
26 would out of necessity intrude upon the privacy
27 of the individual. If due to the seriousness of
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1 the offence I was required to make the order,
2 then Parliament would have prescribed it to be
3 mandatory. Given the nature of this offence and
4 the record of the accused, I am not convinced
5 that it is appropriate that I make this order in
6 the circumstances and I exercise my discretion to
7 decline to do so.
8 I wish to thank counsel for the
9 representations with respect to the potential for
10 avoiding forfeiture of the money held, being the
11 proceeds of crime held by the RCMP, and taking at
12 least some of that and applying it to the victims
13 of crime surcharge. While I appreciate the
14 ingenuity of counsel, I am not persuaded that it
15 would be appropriate in the circumstances to take
16 this route and therefore I will simply order that
17 the exhibits, including the cash and the drugs --
18 the drugs be destroyed and the cash be forfeit to
19 the Queen upon the expiration of the appeal
20 period.
21 Is there anything else, counsel?
22 MR. LECORRE: No, Your Honour.
23 MR. HOMBERG: No, Your Honour.
24 THE COURT: All right, I would like to
25 thank you both for the very professional manner
26 that you handled yourselves in this case. And as
27 always, I would like to thank the court staff.
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1 Madam Clerk.
2 THE COURT CLERK: Order, all rise.
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6 Certified correct to the best
of my skill and ability,
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11 Lois Hewitt, CSR(A), RPR, CRR
Court Reporter
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