R. v. McBride (D.E.A.), 2015 SKPC 28

JudgeGordon, P.C.J.
CourtProvincial Court of Saskatchewan (Canada)
Case DateFebruary 24, 2015
JurisdictionSaskatchewan
Citations2015 SKPC 28;(2015), 468 Sask.R. 285 (PC)

R. v. McBride (D.E.A.) (2015), 468 Sask.R. 285 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MR.005

Her Majesty the Queen v. Douglas Emerald Arthur McBride

(Information Nos. 31082371; 31082373; 2015 SKPC 28)

Indexed As: R. v. McBride (D.E.A.)

Saskatchewan Provincial Court

Gordon, P.C.J.

February 24, 2015.

Summary:

The accused pled guilty to possession of cocaine for the purposes of trafficking and possession of methylenedioxyamphetamine for the purposes of trafficking.

The Saskatchewan Provincial Court sentenced the accused to a period of incarceration of two years less one day to be served in the community pursuant to a conditional sentence order, with the first eight months on electronic monitoring. The sentence would be concurrent for each offence. The court ordered the accused to pay a victim surcharge of $200. The court also made a DNA order, a 10 year weapons prohibition order pursuant to s. 109 of the Criminal Code, and an order that all drugs, drug paraphernalia and cash seized from the accused's residence be forfeited to the Crown.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5853 ].

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - [See Criminal Law - Topic 5853 ].

Criminal Law - Topic 5853

Sentence - Trafficking in hashish or marijuana (incl. possession for the purpose of trafficking) - In August 2012, the police obtained a search warrant and searched the accused's residence - They found marijuana, 13 grams of MDMA powder, LSD, 16.6 grams of cocaine, $2,154.10 in cash, and drug paraphernalia - The police estimated the value of the drugs and the cash to be about $6,300 - The accused pled guilty to possession of cocaine for the purposes of trafficking and possession of methylenedioxyamphetamine for the purposes of trafficking - The accused was 22 years of age and not quite 20 at the time of the offences - He had a prior record - He had complied with the stringent conditions of a recognizance since August 2012 and had taken positive steps to turn his life around - He had disassociated himself from his negative peer group - He had almost completed a business diploma and had been accepted into the University of British Columbia in a degree program in science - He had taken steps to obtain help for his drug addiction - Approximately 30 letters of character reference were filed with the court - The Saskatchewan Provincial Court sentenced the accused to a period of incarceration of two years less one day to be served in the community pursuant to a conditional sentence order, with the first eight months on electronic monitoring - The sentence would be concurrent for each offence - The court ordered the accused to pay a victim surcharge of $200 - The court also made a DNA order, a 10 year weapons prohibition order pursuant to s. 109 of the Criminal Code, and an order that all drugs, drug paraphernalia and cash seized from the accused's residence be forfeited to the Crown.

Cases Noticed:

R. v. McIntyre (M.R.) (2012), 405 Sask.R. 28; 563 W.A.C. 28; 2012 SKCA 111, refd to. [para. 8].

R. v. Leitner (T.K.) (2013), 411 Sask.R. 79; 2013 SKQB 1, refd to. [para. 8].

R. v. Dexter (K.K.) (2013), 411 Sask.R. 254; 2013 SKQB 18, refd to. [para. 8].

R. v. Fiddler (D.) (2013), 426 Sask.R. 30; 2013 SKPC 103, refd to. [para. 17].

R. v. Dubai (M.A.A.) (2008), 310 Sask.R. 85; 423 W.A.C. 85; 2008 SKCA 49, refd to. [para. 20].

R. v. Pankewich (K.J.) et al. (2002), 217 Sask.R. 111; 265 W.A.C. 111; 2002 SKCA 7, refd to. [para. 20].

R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 2000 SCC 5, refd to. [para. 31].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 32].

R. v. Marciszyn (D.) (2013), 415 Sask.R. 288; 2013 SKPC 46, refd to. [para. 36].

R. v. Chaves (D.M.) (2002), 215 Sask.R. 89; 2002 SKQB 4, refd to. [para. 41].

R. v. Williamson (N.), [2011] Sask.R. Uned. 36; 2011 SKPC 37, refd to. [para. 42].

R. v. Rahime (S.) et al. (2001), 286 A.R. 377; 253 W.A.C. 377; 2001 ABCA 203, refd to. [para. 43].

Counsel:

Suzanne Young, for the Crown;

Estes Fonkalsrud, for the accused.

This matter was heard at Moose Jaw, Saskatchewan, before Gordon, P.C.J., of the Saskatchewan Provincial Court, who delivered the following sentencing decision on February 24, 2015.

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