Court of Appeal

Decision Information

Decision Content

CASE NO.                                                   VOL. NO.                                                           PAGE

 

Her Majesty The Queen                                - and -                                        Geraldine M. Dawe

(Appellant)                                                                                                                       (Respondent)

 

                                                                             

CAC181944                                                    Halifax, N.S.                                HAMILTON, J.A.

                                                                                                                                                           

                                               [Cite as: R. v. Dawe, 2002 NSCA 147]

 

APPEAL HEARD:                             November 15, 2002   

 

JUDGMENT DELIVERED:            November 27, 2002    

 

 

SUBJECT:                 Sentence appeal

 

SUMMARY:              The appellant was sentenced, on each of three charges of possession for the purpose of trafficking (of cocaine, marijuana and hashish, respectively), to fifteen months in an institution, to be served concurrently.

 

ISSUES:                      Was the sentence demonstrably unfit?

 

RESULT:                    Appeal dismissed. While the trial judge may have improperly considered the appellant’s lack of remorse and illegal but uncharged conduct as aggravating circumstances, overall the trial judge did not impose a sentence that was demonstrably unfit. If anything, the sentence was lenient.

 

 

 

 

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