R. v. Way (B.K.), (2015) 354 N.S.R.(2d) 283 (SC)

Judge:Coughlan, J.
Court:Supreme Court of Nova Scotia
Case Date:January 13, 2015
Jurisdiction:Nova Scotia
Citations:(2015), 354 N.S.R.(2d) 283 (SC);2015 NSSC 14
 
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R. v. Way (B.K.) (2015), 354 N.S.R.(2d) 283 (SC);

    1120 A.P.R. 283

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Temp. Cite: [2015] N.S.R.(2d) TBEd. JA.027

Her Majesty the Queen v. Brandon Kyle Way

(CRH No. 428630; 2015 NSSC 14)

Indexed As: R. v. Way (B.K.)

Nova Scotia Supreme Court

Coughlan, J.

January 13, 2015.

Summary:

The police obtained a search warrant to search the accused's residence for drugs. The Information to Obtain (ITO) referenced three confidential sources. The search found cocaine, steroids and money. The accused gave a statement to the police admitting to trafficking in cocaine and ownership of the drugs. The accused was charged with drug offences. The police disclosed to the accused the investigative file, the search warrant and an edited copy of the ITO. Prior to electing, the accused requested disclosure of the Source Handler's Notes (SHNs) and the Source Debrief Reports (SDRs). The Crown refused disclosure on the grounds of informer privilege and relevance. The accused applied for disclosure, submitting that the accused needed the SHNs and SDRs prior to election to determine whether he had a s. 8 and s. 24(2) Charter argument respecting the ITO, the search warrant and the seized evidence.

The Nova Scotia Supreme Court, in a judgment reported (2014), 345 N.S.R.(2d) 258; 1092 A.P.R. 258, dismissed the application. The accused was subsequently found guilty of possession of cocaine for the purpose of trafficking.

The Nova Scotia Supreme Court sentenced the accused to imprisonment for two years and one month.

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [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 21 year old accused was convicted of possession of cocaine for the purpose of trafficking - A search of his residence yielded 49.33 grams of cocaine, digital scales, dime bags and score sheets - He had a Grade 10 education and worked as a line cook at two restaurants while undertaking an Aircraft Mechanic Engineer Program on a part-time basis - The accused admitted to being a regular user of drugs and alcohol - He was a first-time offender, had family support and was remorseful and apologetic - The Crown sought 2.5 years' imprisonment - The accused argued for two years' imprisonment - The Nova Scotia Supreme Court held that offences involving hard drugs such as cocaine required emphasis on denunciation and deterrence - However, that must be balanced with the accused being "a person who has a strong opportunity for rehabilitation" - The court sentenced the accused to imprisonment for two years and one month.

Cases Noticed:

R. v. Huskins (1990), 95 N.S.R.(2d) 109; 251 A.P.R. 109 (C.A.), refd to. [para. 11].

R. v. Dawe (G.M.) (2002), 210 N.S.R.(2d) 212; 659 A.P.R. 212 (C.A.), refd to. [para. 12].

R. v. Knickle (N.A.) (2009), 277 N.S.R.(2d) 392; 882 A.P.R. 392; 2009 NSCA 59, refd to. [para. 13].

R. v. Scott (J.J.) (2013), 327 N.S.R.(2d) 256; 1036 A.P.R. 256; 2013 NSCA 28, refd to. [para. 14].

Counsel:

Andrea Jamieson, for the federal Crown;

Trevor McGuigan, for the accused.

This matter was heard on January 13, 2015, at Halifax, N.S., before Coughlan, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on the same date, with written reasons filed on January 15, 2015.

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