Possession of a Schedule I or II substance for the purpose of trafficking
R. v. T.G.S.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
The offender pleaded guilty to possessing heroin and fentanyl for the purpose of trafficking in 2017. The Crown sought 24 to 30 months of incarceration; the defence sought a conditional sentence. Justice MacNaughton imposed a conditional sentence of two years less a day followed by one year of probation, finding that jail would undo the steps the offender had taken to change his life.
In the judge's words
1In my view, putting … in jail at this time would have the effect of undoing the steps he has taken to change his life around. A lengthy CSO with punitive conditions, together with those that will assist … in his recovery from a drug addiction, would be consistent in this case with the purposes and principles of sentencing.
The record
- Convicted of
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Rutherford
Defence: J. Whysall
Sources
- R. v. T.G.S., 2021 BCSC 2292 Court decision, CanLII, July 27, 2021
[2] The Crown seeks a sentence of between 24 and 30 months' incarceration, together with ancillary orders, while counsel for … submits that a conditional sentence order is appropriate.
[55] In my view, putting … in jail at this time would have the effect of undoing the steps he has taken to change his life around. A lengthy CSO with punitive conditions, together with those that will assist … in his recovery from a drug addiction, would be consistent in this case with the purposes and principles of sentencing.
[53] In this case, a CSO of two years less a day would be at the low end of the range suggested by the Crown, but it is not significantly out of the range. … [56] … You must comply with a conditional sentence order for a term of 24 months less one day. … [57] Following the completion of your conditional sentence order, you must comply with a probation order for one year, on the following terms:
- Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
- R. v. T.G.S., 2021 BCSC 2292 Court decision, Courts of British Columbia