Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a controlled substance
R. v. D.J.T.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to four counts of possessing cocaine, methamphetamine and fentanyl for the purpose of trafficking and two counts of simple possession, across three indictments. The Crown and defence jointly proposed a global sentence of six years less 21 months' credit for time served. Justice Lyster accepted the joint submission and imposed a global sentence of 72 months, leaving 51 months of new jail time, finding it was not contrary to the public interest.
In the judge's words
1Having heard the submissions of both counsel, I am satisfied that the proposed joint sentence in this case should be accepted. It will not bring the administration of justice into disrepute and it is not contrary to the public interest.
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), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 6 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: A.G. Varesi
Defence: J. Killoran
Sources
- R. v. D.J.T., 2021 BCSC 2363 Court decision, CanLII, November 16, 2021
[6] The Crown and … counsel have made a joint submission on sentence. In summary, it amounts to a global sentence on all of the counts to which … has pleaded guilty and has been convicted of six years, minus 21 months' time served, for a total of 51 months of new jail time.
[6] The Crown and … counsel have made a joint submission on sentence. In summary, it amounts to a global sentence on all of the counts to which … has pleaded guilty and has been convicted of six years, minus 21 months' time served, for a total of 51 months of new jail time.
[12] Having heard the submissions of both counsel, I am satisfied that the proposed joint sentence in this case should be accepted. It will not bring the administration of justice into disrepute and it is not contrary to the public interest.
[15] THE COURT: Accepting the joint submissions of the Crown and your counsel, I sentence you to a global sentence of 72 months, that is six years in jail, minus 21 months of time already served, for 51 months of new jail time.
- R. v. D.J.T., 2021 BCSC 2363 Court decision, Courts of British Columbia