R. v. Parsons (R.) et al., (2015) 376 Nfld. & P.E.I.R. 307 (NLTD(G))

• Judge: Goodridge, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: November 04, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 376 Nfld. & P.E.I.R. 307 (NLTD(G))

R. v. Parsons (R.) (2015), 376 Nfld. & P.E.I.R. 307 (NLTD(G));

    1170 A.P.R. 307

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. DE.044

Her Majesty The Queen v. Robert Parsons and Jason Lundrigan

(201204G0079; 2015 NLTD(G) 180)

Indexed As: R. v. Parsons (R.) et al.

Newfoundland and Labrador Supreme Court

Trial Division (General)

Goodridge, J.

December 8, 2015.

Summary:

The accused were charged with conspiracy to traffic in cocaine for acting as handlers or couriers in the mailing of 305.4 grams of 73% pure cocaine from British Columbia to Newfoundland and Labrador. The street value of the cocaine exceeded $30,000.

The Newfoundland and Labrador Supreme Court, Trial Division (General), in a judgment reported (2015), 369 Nfld. & P.E.I.R. 9; 1150 A.P.R. 9, convicted both accused. The accused each sought a conditional sentence.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced each accused to 25 months' imprisonment. A conditional sentence was excluded where the purpose and principles of sentencing required a sentence exceeding two years' imprisonment.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - [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 (Parsons and Lundrigan) arranged for the mailing of 305.4 grams of 73% pure cocaine (street value over $30,000) from British Columbia to Newfoundland and Labrador - The parcel was intercepted by police - The accused were both convicted of conspiracy to traffic in cocaine - Neither accused was a drug user - The motive was pure greed - The Crown sought sentences of two to 3.5 years' imprisonment - The accused sought conditional sentences - Sentences for similar offences ranged from a conditional sentence of two years less a day (cases where the mitigating factors predominated) to 3.5 to four years' imprisonment - Parsons was 33 years of age, educated, employed, and had a supportive family and common-law spouse - The offence was out of character - He presented a very low risk (1%) of re-offending - He accepted full responsibility for his bad choice - Lundrigan was 34 years of age, self-employed and also had a supportive family and common-law spouse - He did have a 1999 conviction for possession for the purpose of trafficking - There was no evidence of sophistication in the conspiracy or that the accused were at a high level - Both were involved as handlers or couriers - The Newfoundland and Labrador Supreme Court, Trial Division (General), held that the fundamental purpose and principles of sentencing required a sentence exceeding two years' imprisonment, precluding the imposition of a conditional sentence - Notwithstanding the existence of some mitigating factors pushing the sentence to the lower end of the range, the primary consideration in sentencing for cocaine-related offences was deterrence, given the harm cocaine exposed society to - Each accused was sentenced to 25 months' imprisonment - See paragraphs 1 to 42.

Counsel:

David A. Mills, Q.C., for the Crown;

Adam J. Crocker, for Robert Parsons;

Gerard J. Martin, Q.C., for Jason Lundrigan.

This matter was heard on November 4, 2015, at Corner Brook, N.L., before Goodridge, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment on December 8, 2015.