Court of Appeal

Decision Information

R. v. McCurdy

Court Court of Appeal
Date 2002-11-01
Citation 2002 NSCA 132
Docket CAC 179949
Judge/Registrar/Adjudicator Oland, Linda L. (Honourable Justice); Cromwell, Thomas A. (Honourable Justice); Roscoe, Elizabeth A. (Honourable Justice) (CA)
Document Type Library Sheet
Relations Decision - R. v. McCurdy - 2002 NSCA 132 - 2002-11-01 - Decision

Decision Content

CASE NO.                                                   VOL. NO.                                                           PAGE

 

HER MAJESTY THE QUEEN                         - and -                      JAMES STEWART McCURDY

 

(Appellant)                                                                                                                       (Respondent)

 

CAC 179949                                               Halifax, N.S.                                            ROSCOE, J.A.

 

                                           [Cite as: R. v. McCurdy, 2002 NSCA 132]

 

APPEAL HEARD:                             September 27, 2002    

 

JUDGMENT DELIVERED:            November 1, 2002

 

 

SUBJECT:                   Criminal law, sentencing, conspiracy to possess marijuana for the purposes of trafficking

 

SUMMARY:               The respondent pleaded guilty to conspiracy to possess marijuana for the purpose of trafficking and was sentenced to a conditional sentence of 18 months.  The Crown appealed.

 

ISSUE:             Whether the sentence was fit in the circumstances.

 

RESULT:                     Appeal allowed. Sentence of three years incarceration substituted. In all the circumstances, including the sentences imposed on the co-conspirators, the previous record of the respondent, the fact that he was on probation at the time of the offence, his position of authority within the conspiracy, the commercial nature and size of the venture, the length of time he was involved, and the sophistication of the operation,  it was essential that denunciation and deterrence, both specific and general, be emphasized in determining the appropriate sentence.     

 

 

 

 

 

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