Possession of a Schedule I or II substance for the purpose of trafficking, Unauthorized possession of a firearm
R. v. Chester
Sentence and the Crown's position
What the law allows
Justin John Chester pleaded guilty to possessing fentanyl for the purpose of trafficking and possessing a shotgun without a licence, both near Port McNeill in November 2019. The Crown and Mr. Chester jointly proposed four years' incarceration. Justice Williams accepted the joint submission and imposed four years, with one year concurrent on the firearm count, less about 28 months' credit for pre-sentence custody, leaving 20 months, finding the proposed sentence consistent with the authorities cited.
In the judge's words
1In my view, the sentence which has been proposed in the matter at hand is not inconsistent with the authorities which have been cited and it is not one which this Court should reject. I am prepared to accept it and implement it.
The record
Sources
- R. v. Chester, 2021 BCSC 1436 Court decision, CanLII, June 11, 2021
[23] The matter comes before the Court as a joint submission. The Crown seeks a sentence of four years' incarceration subject, of course, to adjustment for any time served prior to the imposition of sentence.
[24] Mr. Chester concurs with that submission and supports the imposition of the sentence sought.
[2] Justin John Chester is before this Court today to be sentenced.
[31] In my view, the sentence which has been proposed in the matter at hand is not inconsistent with the authorities which have been cited and it is not one which this Court should reject. I am prepared to accept it and implement it.
[32] … a) Count 1, there will be a term of imprisonment of four years. b) Count 2, there will be a one-year term of imprisonment, to be served concurrent to the sentence on Count 1. [33] … When that is adjusted by a factor of 1.5, the credit is approximately 28 months. … [34] In the result, Mr. Chester is sentenced to a term of 20 months imprisonment that will be served in a provincial institution.
- R. v. Chester, 2021 BCSC 1436 Court decision, Courts of British Columbia