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

R. v. Gibb

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed20 months conditional sentence, then 24 months probation1
3 years less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

MaximumLife imprisonment
Crown asked3 years in custody
Judge imposed20 months conditional sentence
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.

Jayson Duane Gibb pleaded guilty to possession of fentanyl and carfentanil, and of methamphetamine, for the purpose of trafficking, from a dial-a-dope line he ran in Abbotsford. The Crown sought three to four years in custody. Justice Caldwell imposed a 20-month conditional sentence followed by 24 months of probation, finding that the mitigating factors, including his rehabilitation while living with his grandparents, carried the day by a very narrow margin.

In the judge's words

[60] I am satisfied, after lengthy consideration, that the mitigating factors here carry the day by a very narrow margin. Your chances, sir, of rehabilitation by way of a conditional sentence order are better than if we put you in jail for the period of time that you are going to be in custody.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: S.J.K. Gill
Defence: D. Schultz

Sources

  1. R. v. Gibb, 2022 BCSC 1853 Court decision, CanLII, March 9, 2022[23] The Crown position, which is supported in terms of amount of time, is that the appropriate sentence on Count 11 dealing with the fentanyl and carfentanil is three to four years, a federal sentence in federal prison.[1] THE COURT: We are here for the sentencing of Mr. Jayson Duane Gibb.[60] I am satisfied, after lengthy consideration, that the mitigating factors here carry the day by a very narrow margin. Your chances, sir, of rehabilitation by way of a conditional sentence order are better than if we put you in jail for the period of time that you are going to be in custody.[63] All right, I am imposing a conditional sentence order. It will be for a period of 20 months. … [106] Now, following the conditional sentence order, there will be a term of probation. You must comply with the probation order for a term of a further 24 months.
  2. R. v. Gibb, 2022 BCSC 1853 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.