Trafficking in a Schedule I or II substance
R. v. Downey
Sentence and the Crown's position
What the law allows
James Otis Downey pleaded guilty to trafficking after selling seven grams of a ketamine and fentanyl mixture to an undercover officer in Crofton in March 2018. The Crown sought 36 months less time served; the defence sought a conditional sentence of 18 to 24 months. Justice Veenstra found he was not a mid-level dealer and, taking into account more than 40 months on strict bail conditions, imposed 18 months' imprisonment less 122 days of credit, rejecting a conditional sentence because his rehabilitation efforts were not exceptional.
In the judge's words
1However, giving due consideration to the gravity of the offence, the high degree of responsibility that Mr. Downey must be attributed, and the real and pressing need to denounce and deter this conduct in the community, I conclude that a term of imprisonment to be served in a custodial institution must be imposed.
The record
- Convicted of
- Trafficking in a Schedule I or II substance (CDSA 5(1))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 18 months conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: B. Lansdowne; C.J. Gibson
Defence: D.J. McKay
Sources
- R. v. Downey, 2022 BCSC 1596 Court decision, CanLII, April 8, 2022
[31] The Crown submits that a sentence of 36 months less time served is the appropriate disposition in this case.
[38] The defence submits that this case falls at the lower end of the Smith range for which an appropriate sentence is 18 to 24 months, and in the circumstances this is an appropriate case for a CSO.
James Otis DOWNEY, on or about the 31st day of March, 2018, at or near Crofton, in the Province of British Columbia, did unlawfully traffic in a controlled substance, to wit: Ketamine and Fentanyl, contrary to Section 5(1) of the Controlled Drugs and Substances Act.
[35] The Crown acknowledges two mitigating factors: a) Mr. Downey does not have a prior criminal record
[78] However, giving due consideration to the gravity of the offence, the high degree of responsibility that Mr. Downey must be attributed, and the real and pressing need to denounce and deter this conduct in the community, I conclude that a term of imprisonment to be served in a custodial institution must be imposed.
[80] For the single count of trafficking in respect of which you have pleaded guilty, I sentence you to a period of incarceration of 18 months, less 122 days' credit for pre-sentence time in custody.
- R. v. Downey, 2022 BCSC 1596 Court decision, Courts of British Columbia