Citation: R. v. Melvin, 2003 NSCA 142
Docket: CAC 191562
Registry: Halifax
Between:
James Bernard Melvin
Appellant
v.
Her Majesty The Queen
Respondent
JUDGE: Glube, C.J.N.S.
APPEAL HEARD: December 3, 2003
JUDGMENT DELIVERED: December 15, 2003
SUBJECT: Sentence Appeal
SUMMARY: Guilty plea to charge of conspiracy to traffic in cocaine. Accused arranged for a person to bring him cocaine while he was in prison serving a 2 ½ year sentence for 5 offences, including a trafficking offence. Judge imposed a 3 year sentence.
ISSUE: Fitness of the sentence
RESULT: Decision of sentencing judge not based on a misunderstanding of R. v. Thompson, [1994] O.J. No. 2855 (Ont. Gen Div.) or that accused in a commercial or profit-driven enterprise. The judge emphasized appropriate aggravating and mitigating factors. Three years held to be a fit sentence.
This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 4 pages. |