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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