Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Lachance
Sentence and the Crown's position
What the law allows
Shawn James Lachance pleaded guilty to possession of methamphetamine for the purpose of trafficking after police found one kilogram concealed in the trunk of his car during a traffic stop on Highway 5 in April 2018. The Crown sought 24 months' jail; the defence sought a two-year conditional sentence order with probation. Justice Williams imposed 18 months' imprisonment followed by 12 months' probation, finding that the case did not meet the high standard of exceptional circumstances needed for a conditional sentence and noting his serious criminal record.
In the judge's words
1Ultimately, I am unable to do so without accepting and, effectively, endorsing what would be, in my view, an unwarranted diminishment of the high standard that a case such as Flintroy exemplifies. In the result, there will be a carceral sentence.
The record
Sources
- R. v. Lachance, 2021 BCSC 2358 Court decision, CanLII, August 24, 2021
[13] The Crown seeks a 24‑month jail sentence.
[14] On the offender's behalf, counsel urges the Court to impose a conditional sentence order of two years and a probation order to follow.
[2] Shawn Lachance is before this Court today to be sentenced. On March 8th, he entered a guilty plea to a charge of possession for the purpose of trafficking methamphetamine.
[26] … Ultimately, I am unable to do so without accepting and, effectively, endorsing what would be, in my view, an unwarranted diminishment of the high standard that a case such as Flintroy exemplifies. In the result, there will be a carceral sentence.
[27] On the basis of the authorities, and taking into account the factors of this offence and this offender, the purposes of denunciation and deterrence, as well as rehabilitation, and in accordance with the principle of proportionality, I find an appropriate sentence to be 18 months' imprisonment and a term of 12 months' probation to follow.
- R. v. Lachance, 2021 BCSC 2358 Court decision, Courts of British Columbia