R. v. Carrier (J.), (1998) 75 O.T.C. 237 (GD)

• Judge: Kozak, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 11, 1998
• Jurisdiction: Ontario
• Citations: (1998), 75 O.T.C. 237 (GD)

R. v. Carrier (J.) (1998), 75 O.T.C. 237 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. OC.050

Her Majesty the Queen v. Julie Carrier

(Court File No. 492/97)

Indexed As: R. v. Carrier (J.)

Ontario Court of Justice

General Division

Thunder Bay

Kozak, J.

September 11, 1998.

Summary:

An accused pleaded guilty to possession of cocaine for the purpose of trafficking. Police seized 12.6 grams of cocaine. The 25 year old accused was a first time offender and a single mother of a six year old child. Remorseful. Abusive childhood. Problem with substance abuse. Currently unemployed. Lacking commitment in her rehabilitation efforts. The accused sought a conditional sentence.

The Ontario Court (General Division) dismissed the application for a conditional sentence. Imprisonment was called for in this case because a conditional sentence would not discourage others in the community from emulating such conduct. The court sentenced the accused to three months' imprisonment. Because of the child's welfare, the court was prepared to have the sentence served intermittently on weekends if the accused was able to facilitate the necessary travel arrangements. If not, the sentence was to be served as a strict three month term.

Criminal Law - Topic 5664

Punishments (sentence) - Imprisonment and parole - Intermittent imprisonment - See paragraph 21.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - See paragraphs 13 to 21.

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - See paragraphs 13 to 21.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - See paragraphs 13 to 21.

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic (incl. possession for purposes of trafficking) - See paragraphs 13 to 21.

Cases Noticed:

R. v. Prokos, [1998] A.Q. No. 2374 (C.A.), refd to. [para. 15].

R. v. Pierce (M.) (1997), 97 O.A.C. 253 (C.A.), refd to. [para. 17].

R. v. H.R. (1997), 205 A.R. 226 (Prov. Ct.), refd to. [para. 17].

Counsel:

Fawzia Cockar, for the Crown counsel;

B. Lee Baig, Q.C., for the accused.

Kozak, J., of the Ontario Court (General Division) heard this matter and gave judgment orally on September 11, 1998.