Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a loaded prohibited or restricted firearm

R. v. Pelgrom

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked8 years in custody1
Judge imposed7 years (8 years reduced for totality), less 1,551 days pre-sentence credit1
1 year less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked8 years in custody
Judge imposed7 years in custody
Defence asked3 years 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.

Roy Joseph Pelgrom pleaded guilty to three counts of possession of fentanyl, methamphetamine and heroin-fentanyl for the purpose of trafficking and possession of an unloaded prohibited or restricted handgun with readily accessible ammunition, found in a backpack with the drugs and about $24,000 in cash in Victoria. The Crown sought eight years; the defence sought three to four years with the firearm sentence concurrent. Justice Steeves found he was a mid-level dealer, made the firearm sentence consecutive, and imposed a global sentence of seven years after reducing eight years for totality, less 1,551 days of credit for pre-sentence custody.

In the judge's words

Nonetheless trafficking in fentanyl is a very serious matter and that drug is responsible for the deaths of people. Your possession of a handgun with ammunition is also a serious matter with a real potential to cause harm to the public. Your criminal record does not assist you here.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: M. Adams and A. Van Tine
Defence: D. McKay

Sources

  1. R. v. Pelgrom, 2022 BCSC 1058 Court decision, CanLII, June 6, 2022[12] The Crown seeks a custodial sentence of eight years.[13] For his part, Mr. Pelgrom seeks a sentence of three to four years for the three drug offences and then 30 months for the s. 95 weapons offence. All of these would be concurrent.[1] THE COURT: This is my decision on the sentencing of the defendant, Mr. Roy Joseph Pelgrom.[38] … Nonetheless trafficking in fentanyl is a very serious matter and that drug is responsible for the deaths of people. Your possession of a handgun with ammunition is also a serious matter with a real potential to cause harm to the public. Your criminal record does not assist you here.[39] In these circumstances, I sentence you to a global sentence of seven years. … [41] Mr. Pelgrom has been in custody since July 2019 for 1,551 days. That is calculated using the 1.5 multiplier.
  2. R. v. Pelgrom, 2022 BCSC 1058 Court decision, Courts of British Columbia

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