R. v. Dexter (K.K.), (2013) 411 Sask.R. 254 (QB)

• Judge: Gunn, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 15, 2013
• Jurisdiction: Saskatchewan
• Citations: (2013), 411 Sask.R. 254 (QB);2013 SKQB 18

R. v. Dexter (K.K.) (2013), 411 Sask.R. 254 (QB)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. JA.032

Her Majesty the Queen v. Kevin Kenneth Dexter

(2011 Q.B. CR No. 908; 2013 SKQB 18)

Indexed As: R. v. Dexter (K.K.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Estevan

Gunn, J.

January 15, 2013.

Summary:

The accused was convicted of three counts of trafficking in cocaine.

The Saskatchewan Court of Queen's Bench imposed a sentence of 13 months' incarceration on each charge, to be served concurrently, and a weapons prohibition order.

Criminal Law - Topic 5720.4

Sentencing - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - The accused sold cocaine to undercover officers on October 21, 23 and 28, 2009 - The sales involved three grams, three grams and five grams - The accused was convicted of three counts of trafficking in cocaine - 24 years old - No significant or related criminal record - He had had difficulties with drugs in the past - He had been using drugs and alcohol heavily at the time of the offences - He had refrained from the use of drugs and alcohol since the charges were laid - He had been employed quite steadily and was in a stable relationship - He had been required to comply with a number of conditions pending the trial - The accused sought a sentence which could be served in the community - The Saskatchewan Court of Queen's Bench was not satisfied that it would be consistent with the fundamental purposes and principles of sentencing to permit the accused to serve his sentence in the community - The court imposed a sentence of 13 months' incarceration on each charge, to be served concurrently, and a weapons prohibition order.

Cases Noticed:

R. v. Pankewich (K.J.) et al. (2002), 217 Sask.R. 111; 265 W.A.C. 111; 2002 SKCA 7, refd to. [para. 21].

R. v. McIntyre (M.R.) (2012), 405 Sask.R. 28; 563 W.A.C. 28; 2012 SKCA 111, refd to. [para. 22].

R. v. Aube (D.) et al. (2009), 324 Sask.R. 303; 451 W.A.C. 303; 2009 SKCA 53, refd to. [para. 26].

R. v. Kraft, 2008 (SentDig) 36, refd to. [para. 26].

R. v. McCallum (E.J.) (2007), 302 Sask.R. 298; 411 W.A.C. 298; 2007 SKCA 139, refd to. [para. 26].

R. v. Lariviere, 2006 (SentDig) 40, refd to. [para. 26].

R. v. Faubert (V.) (1997), 152 Sask.R. 228; 140 W.A.C. 228 (C.A.), refd to. [para. 26].

Counsel:

Louis A. Browne, for the Crown;

Kevin Dexter, for the himself.

This matter was heard before Gunn, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Estevan, who delivered the following judgment on January 15, 2013.