Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a controlled substance
R. v. Robinson
Sentence and the Crown's position
What the law allows
Jason Garret Robinson was convicted after trial of two counts of possession of fentanyl and methamphetamine for the purpose of trafficking and one count of simple possession of cocaine, and pleaded guilty to two further counts of possession for the purpose of trafficking committed while he was on bail. Crown and defence jointly proposed four years' imprisonment after a reduction for totality. Justice A. Saunders accepted the joint submission and imposed four years, less 581 days' credit for pre-sentence custody, leaving 879 days to serve.
In the judge's words
1This is entirely consonant with the type of sentencing that may have been expected even in the absence of a joint sentencing.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 4 counts)
- Possession of a controlled substance (CDSA 4(1))
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Farenholtz
Defence: C. Hodson
Sources
- R. v. Robinson, 2021 BCSC 2305 Court decision, CanLII, August 17, 2021
[7] Third, it is submitted that the total jail time of five years be reduced to four years in recognition of the totality principle.
[7] Third, it is submitted that the total jail time of five years be reduced to four years in recognition of the totality principle.
[1] THE COURT: Jason Garret Robinson is before me for sentencing on drug‑related charges.
[6] … and second, this second series of offences being committed while Mr. Robinson was on bail and had promised to keep the peace and be of good behaviour.
[12] … This is entirely consonant with the type of sentencing that may have been expected even in the absence of a joint sentencing.
[13] The sentence then, before giving credit for time served would be four years. Mr. Robinson has spent just over a year, 387 days, in pretrial custody. Giving credit at one-and-a-half days for every day of pretrial detention, he is credited with 581 days … [15] THE COURT: Yes. The remaining sentence then will be 879 days.
- R. v. Robinson, 2021 BCSC 2305 Court decision, Courts of British Columbia