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
What the law allows
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
1Nonetheless 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.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 3 counts)
- Possession of a loaded prohibited or restricted firearm (CC 95(1))
- 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
- 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.
- R. v. Pelgrom, 2022 BCSC 1058 Court decision, Courts of British Columbia