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

R. v. Grouhel

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed30 months imprisonment, less 135 days credit1
195 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked3 years in custody
Judge imposed30 months 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.

Darrin Robert Grouhel was convicted after trial of three counts of possession for the purpose of trafficking fentanyl/heroin, methamphetamine and MDMA, seized from a house used as a dial-a-dope centre. The Crown sought three to five years in jail and the defence 18 to 24 months or a conditional sentence. Justice Steeves imposed 30 months' imprisonment less 135 days of credit, finding that the amount of fentanyl and the level of the operation required serious denunciation and deterrence.

In the judge's words

Overall, I conclude that a sentence of 30 months is an appropriate sentence here. It reflects the seriousness of trafficking in fentanyl and the level of Mr. Grouhel's operation. It also recognizes his minimal criminal record.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: J. Rutherford
Defence: J. Mills

Sources

  1. R. v. Grouhel, 2021 BCSC 2527 Court decision, CanLII, November 12, 2021[13] Turning to what is a fit sentence here, again, the Crown seeks three to five years in jail and Mr. Grouhel says an appropriate sentence would be 18 to 24 months.[1] THE COURT: On May 21, 2021, I convicted the accused, Darrin Grouhel, of the following, and I set out Counts 1, 2, and 4 from the information:[17] Overall, I conclude that a sentence of 30 months is an appropriate sentence here. It reflects the seriousness of trafficking in fentanyl and the level of Mr. Grouhel's operation. It also recognizes his minimal criminal record.[17] Overall, I conclude that a sentence of 30 months is an appropriate sentence here. … The 30 months includes 20 months for Count 1, the fentanyl; five months each for Counts 2 and 4, methamphetamine and MDMA. Mr. Grouhel has served 89 days in pretrial custody. Using a 1.5 multiplier, that is 4.5 months or 135 days. … [21] THE COURT: It is 30 months less the time served.
  2. R. v. Grouhel, 2021 BCSC 2527 Court decision, Courts of British Columbia

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