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

R. v. Cashman

Sentence and the Crown's position

Crown asked9 years in custody1
Judge imposed6 years global (6 years on the fentanyl count, other counts concurrent), less 45 days credit for pre-sentence custody1
3 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked9 years in custody
Judge imposed6 years in custody
Defence asked5 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.

Scott William Cashman was convicted after trial of seven counts of possession of controlled substances for the purpose of trafficking, including about 3.5 kilograms of fentanyl and 1.6 kilograms of methamphetamine found at a Mission residence in July 2020. The Crown sought a global sentence of 9 years; the defence proposed 5 to 7 years. Justice Devlin imposed a global sentence of 6 years, less 45 days of credit for pre-sentence custody, finding that he was a trusted participant at the lower end of a wholesale trafficking operation and had good prospects for rehabilitation.

In the judge's words

[68] Balancing all of the relevant factors, I am of the view that a global sentence of 6 years is a proportionate, fit, and proper sentence. This sentence serves to denounce Mr. Cashman's conduct and to deter him and others from engaging in such harmful conduct in the future.

1

The record

Prior convictions
1 prior conviction1
At the time of the offence
Not stated1
Defence asked for
5 years in custody1
Appeal
Not yet checked
Counsel
Crown: Alexandra Russell
Defence: P.A. Riddell, K.C.

Sources

  1. R. v. Cashman, 2022 BCSC 1836 Court decision, CanLII, November 17, 2022[2] The Crown submits a global term of 9 years' imprisonment is a fit and proper sentence.[31] Counsel for Mr. Cashman submits that an appropriate sentence in these circumstances is a global sentence in the range of 5 to 7 years.[1] On May 30, 2022, Scott William Cashman was convicted after trial on seven counts of possession of a controlled substance for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].[19] Mr. Cashman has one prior conviction from 2015 with respect to a conviction of possession of a firearm contrary to s. 93(1)(c) of the Criminal Code, R.S.C. 1985, c. C-46 [Code].[68] Balancing all of the relevant factors, I am of the view that a global sentence of 6 years is a proportionate, fit, and proper sentence. This sentence serves to denounce Mr. Cashman's conduct and to deter him and others from engaging in such harmful conduct in the future.[71] Therefore, your total global sentence is 6 years imprisonment. … [72] I must also factor into the sentence the credit for your pre-trial custody. I have determined that you are entitled to credit for 30 days in custody, which, at a rate of 1.5:1, yields a total credit of 45 days.
  2. R. v. Cashman, 2022 BCSC 1836 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.