Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: R. v. Creelman, 2006 NSSC 232

Date: 20060721

Docket: CR 223675

Registry: Halifax

 

Between:                                Her Majesty the Queen

 

v.

 

Paul Kenneth Creelman

 

 

LIBRARY HEADING

 

 

Judge: The Honourable Justice Walter R. E. Goodfellow

 

Heard:            April 4, May 26 & 29, June 13, July 12 & 18, 2006 in Halifax, Nova Scotia

 

Written Decision:       July 21, 2006

 

Subject:           Criminal Law - Sentencing

 

Summary:       Offender, after a six day trial which related evidence secured through a series of warrants convicted of trafficking in marijuana.

 

Issue:              1.)        Should the truck utilized in the commission of the offence be forfeited to the Crown?

 

Yes.  Standard when dealing with an asset directly related to offence before the Court is proof on a balance of probabilities.  This has been met by the Crown and in fact a level of certainty established.

 

2.)        The sum of $9,000 seized in the offender’s residence.  Should it be forfeited to the Crown?

 

Not specifically related to the offence before the Court and therefore the standard of proof on the Crown is beyond a reasonable doubt. $9,000 bundled and folded in particular manner used in drug trade.  Not found in isolation but with scale and baggies.  Found in offender’s home and offender had a previous drug related conviction.  Naive to conclude other than beyond a reasonable doubt that this was drug money and should be forfeited.

 


3.)        Sentence

 

Conditional sentence suggested by offender’s counsel would bring disrespect for the law.  Taking in account the volume of drugs – approximately 62 pounds (28.29 kilograms), commercial venture,  maximum sentence for this offence, offender acknowledges he “took a chance”, only remorse for being caught,  inter-provincial transfer of drugs from British Columbia to Nova Scotia – previous conviction drug related – the appropriate sentence is 4 ½ years imprisonment.

 

 

Result:           

 

 

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