Possession of a Schedule I or II substance for the purpose of trafficking

R. v. Chan

Sentence and the Crown's position

Crown asked9 years in custody1
Judge imposedFour years' imprisonment on each fentanyl count and two years on each other count, all concurrent1
5 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked9 years in custody
Judge imposed4 years in custody
For possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Duke Yin Chan was convicted on an agreed statement of facts of eight counts of possession of fentanyl, heroin, cocaine and W-18 for the purpose of trafficking, after police searched a Vancouver stash house in February 2017. The Crown sought nine years' imprisonment; the defence sought a conditional sentence or, alternatively, two years' imprisonment followed by probation. Justice A. Ross imposed four years' imprisonment, giving significant weight to the absence of prior convictions but finding that denunciation and deterrence required a significant sentence for a mid-level trafficking operation.

In the judge's words

Mr. Chan set out to profit from the misery of the most vulnerable members of our society. I have considered Mr. Chan's submissions, but the court must accord appropriate weight to the principles of denunciation and deterrence.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: D. Meneley and C. Fast
Defence: S. Wright

Sources

  1. R. v. Chan, 2021 BCSC 1607 Court decision, CanLII, August 3, 2021[3] The Crown submits that Mr. Chan was a mid‑ to high‑level trafficker and a sentence of nine years is appropriate in his circumstances.[1] THE COURT: On June 26, 2020, I convicted Mr. Chan on eight counts of possession of various drugs for the purpose of trafficking.[77] … Although this was his first offence, it is evident that significant planning and investment had gone into obtaining and outfitting the stash house. However, I do put significant weight on the absence of prior convictions.[79] … Mr. Chan set out to profit from the misery of the most vulnerable members of our society. I have considered Mr. Chan's submissions, but the court must accord appropriate weight to the principles of denunciation and deterrence.[82] On each of Counts Number 3, 6, 7, and 8, which are the fentanyl‑related charges, I impose a sentence of four years' imprisonment on each charge to be served concurrently. [83] On Counts 1, 2, 4, and 5, which are the charges relating to cocaine, heroin, and a compound called W‑18, I impose a sentence of two years to be served concurrently with the other counts.
  2. R. v. Chan, 2021 BCSC 1607 Court decision, Courts of British Columbia

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