R. v. Strickland (J.H.), (2015) 369 Nfld. & P.E.I.R. 240 (NLTD(G))

• Judge: Handrigan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: June 30, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 369 Nfld. & P.E.I.R. 240 (NLTD(G))

R. v. Strickland (J.H.) (2015), 369 Nfld. & P.E.I.R. 240 (NLTD(G));

    1150 A.P.R. 240

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JL.014

Her Majesty the Queen v. Joseph Henry Strickland

(201506G0009; 2015 NLTD(G) 94)

Indexed As: R. v. Strickland (J.H.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Handrigan, J.

June 30, 2015.

Summary:

Police received information that the accused was staying at another person's apartment, that he was selling drugs out of the apartment and that he was living in the "bedroom on the right" at the "bottom of the stairs" of the apartment. They obtained and executed a search warrant. At trial, the accused challenged the warrant's validity, particularly the basis on which it was issued. The federal Crown raised an issue regarding the accused's standing to challenge the warrant.

The Newfoundland and Labrador Provincial Court, in a decision reported at (2012), 328 Nfld. & P.E.I.R. 299; 1019 A.P.R. 299, held that the accused had standing to challenge the warrant's validity. The trial proceeded.

The Newfoundland and Labrador Provincial Court, in a decision reported at [2013] Nfld. & P.E.I.R. Uned. 3, convicted the accused of possession of marijuana for the purpose of trafficking, possession of cocaine for the purpose of trafficking, trafficking in a substance held out to be ecstasy, resisting arrest and three breaches of probation.

The Newfoundland and Labrador Provincial Court, in a decision reported at [2013] Nfld. & P.E.I.R. Uned. 4, sentenced the accused to a total of 22 months' imprisonment. The accused appealed from the convictions on the trafficking in cocaine and a substance held out to be ecstasy and sought leave to appeal from the sentence.

The Newfoundland and Labrador Court of Appeal, in a decision reported at (2013), 343 Nfld. & P.E.I.R. 283; 1066 A.P.R. 283, allowed the appeal regarding the convictions for possession of cocaine for the purpose of trafficking and trafficking in a substance held out to be ecstasy. Those convictions, the related breach of probation and the resultant sentences were set aside and a new trial was ordered. On the sentence appeal regarding the remaining convictions, leave was granted and the total sentence was reduced by 15 days to account for an error in the calculation of credit for remand time. The accused pled guilty to trafficking in oxycodone and trafficking in marijuana and to two breaches of probation.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to 36 months' imprisonment, reduced by 693 days' credit for time spent in pretrial custody. The court made ancillary orders of forfeiture and for DNA sampling, a weapons prohibition and victim fine surcharges.

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - The 36 year old accused pled guilty to trafficking in oxycodone and trafficking in marijuana and to two breaches of probation - The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to 36 months' imprisonment, reduced by 693 days' credit for time spent in pretrial custody - The accused had a "lengthy and serious" criminal record, including 42 offences between January 1997 and November 2013 - This included a previous conviction for trafficking in marijuana, which was a "statutorily aggravating factor" under s. 10(2)(b) of the Controlled Drugs and Substances Act - The accused was four months into a two year probation order when arrested on these charges - His cell phone indicated that he had resumed trafficking the day after he was released on probation - Sentences of 30 months, concurrent to each other, were appropriate for the trafficking offences - Sentences of six months, concurrent to each other and consecutive to the trafficking sentences, were imposed for the breaches of probation - The accused had spent 462 days in pretrial custody, for which he received credit on a 1.5:1 basis.

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences (incl. not criminally responsible, repeat, dangerous or long-term offenders) - [See Criminal Law - Topic 5830.8 ].

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - [See Criminal Law - Topic 5830.8 ].

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 5830.8 ].

Criminal Law - Topic 5853

Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking) - [See Criminal Law - Topic 5830.8 ].

Criminal Law - Topic 5898

Sentence - Breach of probation - [See Criminal Law - Topic 5830.8 ].

Cases Noticed:

R. v. Park (2007), 74 W.C.B.(2d) 471 (Nfld. Prov. Ct.), refd to. [para. 7].

R. v. Oates (K.) (1992), 100 Nfld. & P.E.I.R. 289; 318 A.P.R. 289; 74 C.C.C.(3d) 260 (Nfld. C.A.), refd to. [para. 9].

R. v. Murphy (D.) (2011), 304 Nfld. & P.E.I.R. 266; 944 A.P.R. 266; 2011 NLCA 16, refd to. [para. 10].

Counsel:

Glen W. Picco, Q.C., for the Federal Crown;

Alison J. Manning, for the Provincial Crown;

Tony St. George, for the accused.

This matter was heard at Grand Bank, N.L., on June 23 and 24, 2015, by Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following reasons for judgment on June 30, 2015.