Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Cashman
Sentence and the Crown's position
What the law allows
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
1[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.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 7 counts)
- 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
- 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.
- R. v. Cashman, 2022 BCSC 1836 Court decision, Courts of British Columbia