Cite as: R. v. Smith, 1990 NSCA 4
IN THE
SUPREME COURT OF NOVA SCOTIA
APPEAL DIVISION
Hart, Pace and Chipman, JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
-
and -
BRUCE
HAROLD SMITH
Respondent
THE COURT:
Leave to appeal granted, appeal allowed and
sentences varied accordingly, per oral reasons
for judgment of Hart, J.A.; Pace and Chipman,
JJ.A. concurring.
S.C.C. No.
02181
)
Gregory A.
Cann
)
for the Appellant
)
)
David S. Green
)
for the Respondent
)
)
)
Appeal Heard:
)
January 30, 1990
)
)
Judgment Delivered:
)
January 30, 1990
)
)
)
)
)
)
The
reasons
for
judgment of the
orally by:
BART,
J .A.:
This is an application by the Crown for leave to appeal
and, if granted,
an appeal
from the sentences
respondent by Cacchione, J.C.C., after the respondent pled guilty
to
two
counts
of trafficking in
contrary to s. 4(1) of the Narcotic Control Act.
The
first
count
involved
cocaine
to
an
undercover
police
second
offence
occurred
a
month
of
cocaine costing
$4,800.00.
took
one-half
of
the
price
in
delivered
one
ounce
and
then
the
second ounce at a
second location forty minutes after.
claimed he had to put the money "up front" to obtain the cocaine
from his supplier.
The
respondent
and the undercover agent
about
ten
days
before
the
sales
advised the police officer about the source,
of cutting the drug, all of which revealed his association with
the illegal drug trade.
The trial
judge
sentenced the respondent to one year
on
the first
count
and
eight
be followed by probation for two years with conditions to refrain
from drug use and to take treatment and counselling.
The
Crown
claims
Court were
delivered
imposed upon the
a
narcotic,
to wit:
cocaine,
the
sale
of
two
ounces
of
officer
for
$5,000.00.
The
later and
involved
two
ounces
On
each occasion the
respondent
cash
and
a
short while
later
took
the
balance
and
delivered
He
had
only met
commenced
and
the
respondent
potency and method
months
on
the
second
count,
to
that
the
sentence
imposed
is
-
excessively lenient in light of the quantity of cocaine involved
and the surrounding facts.
The
respondent is
35
the
offence
was
employed,
as
he has lost his
job and made efforts to rid himself of his drug
dependency
problem.
The trial
and
tried
to
reach
a
balance
reformation in imposing the sentence that he did.
In our opinion, however, the seriousness of present-day
trafficking
in
cocaine
requires
deterrence
than
has
been
recognized in the past.
dealing with and distributing of this very dangerous drug caters
to those
who
succumb to the temptation to make quick and easy
money in the trade.
We
would,
therefore,
under these circumstances would be
and
two
years
consecutive
on
sentence of four years.
We,
therefore, direct that leave to appeal be granted,
the appeal be allowed and the sentences varied accordingly.
Concurred in:
Pace, J.A.
Chipman, J.A.
2
years
old
and at
the
time
of
was
his wife.
Since his arrest
judge
recognized
these efforts
between
general
deterrence
and
more
substantial
emphasis
on
The
ease of
conclude
that
a
fit
sentence
two years on the first count
the
second
count,
for
a
total
J.A.
1988
C.R. 10818
lR ~
SOPRDIB ~ or BOVA sca.rIA
APPEAL D:IY:IS:ICM
on appeal from
the
COOlI'.rY c::::c:xJR.T JDIIGB' S CRIMDIAL ~
01' DIS'fR:IC'l BUMBBR ORB
versu.a
BRUCE HAROLD SIlI'.fB
BEARD BEFORE:
~e Honourable Judge r. Cacchione, J.C.C.
PLACB IIBAR.D:
Halifax, Bova Scotia
DM'B BEARD:
Sept8llber 29. 1988
CoUDael:
Gregory Cann. Bsq.. for the CrCN'll
David Green. Esq•• for the Defence
APPBAL
OB SBB~BBCB
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.