Court of Appeal

CASE NO.                                     VOL. NO.                                            PAGE

WALTER LARRY PETER PARSONS                                    HER MAJESTY THE QUEEN

                                                      - and -                                                                       

(Appellant)                                                                                                                (Respondent)

CAC 156846                                            Halifax, N.S.                                              FLINN, J.A.

                                         [Cite as: R. v. Parsons, 1999 NSCA 156]

APPEAL HEARD:                                 November 30^th, 1999

JUDGMENT DELIVERED:                 December 13^th, 1999

SUBJECT:         Controlled Drugs and Substances Act, S.C. 1996, c. 19 - Trafficking s. 5(1) - sentence - conditional sentence - aggravating factor

SUMMARY:        The appellant pled guilty to one count of trafficking in marihuana contrary to s. 5(1) of the Controlled Drugs and substances Act, and to one count of possession, contrary to s. 4(1).  The appellant was a 20 year old student with no prior record.  The circumstances of the trafficking offence resemble more a young user sharing marihuana with a companion than cases involving retailers (large or petty).  The trial judge sentenced the appellant to a fine for the possession offence, which is not under appeal.  For the trafficking offence, the trial judge sentenced the appellant to “a period of 12 months conditional sentence.”

RESULT:            Appeal allowed and sentence varied.

It is an error in principle for the trial judge to have ordered a conditional sentence in this case without first having determined that a term of imprisonment of less than two years was an appropriate sentence, and without having imposed such a sentence.  That being the case, the Court of Appeal imposed the sentence it thought fit.

The appellant was sentenced to six months imprisonment, to be served in the community; subject to the same conditions as imposed by the trial judge, which sentence the appellant has now served.