Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Gibb
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
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
1[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.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 2 counts)
- 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
- 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.
- R. v. Gibb, 2022 BCSC 1853 Court decision, Courts of British Columbia