R. v. Corbett, 2013 NSSC 78

SUPREME COURT OF NOVA SCOTIA Citation: R. v. Corbett, 2013 NSSC 78 Date: 20130228 Docket: CRH 389105 Registry: Halifax Between: Her Majesty the Queen v. Justin Alexander Corbett Judge: The Honourable Justice Felix A. Cacchione Heard: February 28, 2013, in Halifax, Nova Scotia Written Decision: February 28, 2013 Counsel: Jonathan Langlois-Sudubin, for the Crown J. Patrick L. Atherton, for Mr. Corbett By the Court : [ 1 ] There is a joint recommendation before me for a period of four years consecutive to a term that Mr. Corbett was already serving.

He was out on parole on that six and half year sentence for a similar offence. It was possession for the purpose of trafficking. It was a large quantity at the time.

[ 2 ] Could you, Mr. Sudubin give me the date of that conviction. MR. LANGLOIS-SUDUBIN : I can My Lord. The sentencing date was March 23, 2009 and the offence date ranges August 10, 2007 to August 21, 2007. [ 3 ] Thank you. Mr. Corbett, your counsel has indicated that you have learned your lesson. I certainly hope so, for your sake sir, for your family ’ s sake. If you continue down this road, you probably are not going to see daylight again. It is your choice.

I know its easy money plying that trade, but the consequences can be very severe. [ 4 ] You know with a prior conviction for a similar offence, for which you got a long period, six and a half years first go round, you in future will be looking at double digit time. So the choice is yours. [ 5 ] The sentence proposed by both Crown and defence is within the range. The Crown categorizes Mr. Corbett as being in the high end of the range. My findings at trial were that Mr. Corbett was essentially a courier or a mule, insulating the higher ups from the risk of police intervention. If my findings had been that Mr.

Corbett was something other than a courier, in fact a supplier or the primary source, I would not be inclined to accept the joint recommendation. But given my findings of fact I think that the joint recommendation is acceptable. If you would stand please Mr. Corbett. [ 6 ] The sentence of this Court is that you be incarcerated in a federal institution for a period of four years consecutive to any sentence you are presently serving. Items seized from you on October 17, 2011 are forfeited to the Crown.

You will have to supply DNA samples when asked for, and you will be prohibited from possessing, owning, firearms, ammunitions or anything of that sort for life. That is an order under s.109 of the Criminal Code . Given where Mr. Corbett is going, there will be no victim fine surcharge. _______________________ Cacchione, J.