Report on Mandatory Sentences - Law Reform Commission

4.117 Minimum sentences are also prescribed in respect of: (i) a fourth or subsequent conviction for
driving under the influence within a five-year period; 242 (ii) driving under the influence with a passenger
under 14 years of age; 243 (iii) robbery of a pharmacy; 244 (iv) second or subsequent offences of domestic
violence; 245 (v) terrorism; 246 (vi) certain sexual offences against children; 247 (vii) hate crimes; 248 (viii) falsely
reporting an incident; 249 and (ix) possession, transportation, receipt or use of a destructive device,
explosive, bacteriological or biological weapon. 250 There are also provisions dealing with habitual
offenders. 251
(ii)
(I)
Maine
Drugs Offences
4.118 In Maine, §1105-A of the Penal Code prescribes a variety of minimum sentences, ranging from
one year to four years, for trafficking a scheduled drug: (i) with a child under the age of 18 years or with
the aid or conspiring of a child under the age of 18 years; (ii) in circumstances where the offender has a
prior conviction for a Class A, Class B or Class C drug offence; (iii) in circumstances where the offender is
in possession of a firearm; or (iv) on a school bus or within 1,000 feet of a school zone.
4.119 §1105-B prescribes a minimum sentence of two years for trafficking or furnishing a counterfeit
drug: (i) to a child under the age of 18 years; (ii) in circumstances where the offender has a prior
conviction for a Class A, Class B or Class C drug offence; (iii) in circumstances where the offender is in
possession of a firearm; or (iv) in circumstances where death or serious bodily injury is subsequently
caused by the use of the drug.
4.120 §1105-C prescribes a variety of minimum sentences, ranging from one year to two years, for
furnishing a scheduled drug: (i) to a child under the age of 18 years or with the aid or conspiring of a child
under the age of 18 years; (ii) in circumstances where the offender has a prior conviction for a Class A,
Class B or Class C drug offence; (iii) in circumstances where the offender is in possession of a firearm; or
(iv) on a school bus or within 1,000 feet of a school zone.
4.121 §1105-D prescribes a variety of minimum sentences, ranging from one year to four years, for
cultivating marijuana plants: (i) in circumstances where the offender has a prior conviction for a Class A,
Class B or Class C drug offence; (ii) in circumstances where the offender is in possession of a firearm;
(iii) with the aid or conspiring of a child; or (iv) within 1,000 feet of a school zone. 252
242
243
244
245
246
247
248
249
250
251
252
§32-5A-191f(h).
§32A-5A-191(j).
§13A-8-51(2) and §13A-8-52.
§13A-6-130 and §13A-6-131.
§13A-10-152.
§15-20-21(5); §13A-5-6(4) and (5); §13A-5-110; and §13A-6-111.
§13A-5-13.
§13A-11-11.
§13A-7-44.
Habitual Felony Offender Act.
§1252(5-A)(B)-(C) provides that the courts may depart from the mandatory minimum sentences if they find
substantial evidence for all three of the following elements: (1) Imposition of the mandatory term will result in
substantial injustice to the defendant; (2) failure to impose the mandatory term will not have an adverse effect
on public safety; and (3) failure to impose the mandatory term will not appreciably impair the deterrent effect of
the mandatory sentence. Then the court must find two additional elements: (1) the defendant is an
appropriate candidate for an intensive supervision programme, but would be ineligible if given a mandatory
sentence; and (2) based on the defendant’s background, attitude and prospects for rehabilitation and the
155