R. v. Morris (P.D.) (2000), 182 N.S.R.(2d) 361 (SC);
563 A.P.R. 361
MLB headnote and full text
Temp. Cite: [2000] N.S.R.(2d) TBEd. MR.019
Her Majesty The Queen v. Paul Drake Morris
(CR No. 158657)
Indexed As: R. v. Morris (P.D.)
Nova Scotia Supreme Court
Goodfellow, J.
March 2, 2000.
Summary:
The accused pleaded guilty to two counts of trafficking in cocaine and one count of trafficking in heroin. The accused sought a conditional sentence. The Crown sought a sentence of 2.5-3 years.
The Nova Scotia Supreme Court sentenced the accused to three years’ imprisonment.
Criminal Law – Topic 5720.4
Punishments (sentence) – Conditional sentence – When available or appropriate – The 45 year old accused pleaded guilty to two counts of trafficking in cocaine and one count of trafficking in heroin – Offences occurred within eight days – Prior unrelated record – Accused an addict – Actively involved in drug business at least at the quasi-retailer level – The Nova Scotia Supreme Court sentenced the accused to three years’ imprisonment on each count (concurrent) – The court rejected the accused’s request for a conditional sentence, stating that “the public’s concern for the consequences of drug addiction and the availability of drugs would not be adequately reflected in a sentence less than a sentence to a federal penitentiary”.
Criminal Law – Topic 5850
Sentence – Trafficking in a narcotic – [See
Criminal Law – Topic 5720.4
].
Statutes Noticed:
Controlled Drugs and Substances Act, S.C. 1996, c. 19, sect. 5(1), sect. 5(3)(a) [para. 6].
Counsel:
James Martin, for the Crown;
Michael Taylor, for the accused.
This case was heard at Halifax, N.S., before Goodfellow, J., of the Nova Scotia Supreme Court, whose following March 2, 2000, oral decision was released in writing on March 8, 2000.
