Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Harper
Sentence and the Crown's position
Crown askedNot recorded
Judge imposed42 months (fentanyl count) with 15 months concurrent (methamphetamine count), consecutive to the sentence already being served1
What the law allows
MaximumLife imprisonment
Judge imposed42 months in custody
Robert John Harper was convicted of two counts of possession of fentanyl and methamphetamine for the purpose of trafficking, committed while he was on bail for similar charges. Justice Baird imposed 42 months on the fentanyl count and 15 months concurrent on the methamphetamine count, consecutive to the sentence he was already serving, finding that the offences were extremely serious and called for a heavy penalty.
In the judge's words
1Mr. Harper, I have to tell you that the offences before me are extremely serious and a heavy penalty has to be paid. There is no way around it.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Rutherford
Defence: B. Movassaghi
Sources
- R. v. Harper, 2021 BCSC 1515 Court decision, CanLII, July 2, 2021
[1] THE COURT: On February 23, at his invitation, I convicted Robert John Harper of possession of fentanyl and methamphetamine for the purposes of trafficking, each count contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, each count punishable by a maximum term of life imprisonment.
[16] … At any rate, as I said, the offences before me were committed August 14, 2019, when Mr. Harper was on bail for the charges upon which he is now serving a sentence.
[17] … Mr. Harper, I have to tell you that the offences before me are extremely serious and a heavy penalty has to be paid. There is no way around it.
[20] … that a fit and proportionate sentence on Count 1 is one of 15 months in jail, and on Count 2, 42 months. These sentences are to be served concurrently, the one with the other, but they are to be served consecutively to the sentence that you are presently serving.
- R. v. Harper, 2021 BCSC 1515 Court decision, Courts of British Columbia