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

R. v. Aeichele

Sentence and the Crown's position

Crown asked18 months in custody1
Judge imposed18-month conditional sentence, concurrent on all three counts; lifetime s. 109 prohibition; forfeiture1
18 months 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 asked18 months in custody
Judge imposed18 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.

Cheryl Lynn Aeichele was convicted after trial of three counts of possession of methamphetamine, cocaine and fentanyl for the purpose of trafficking, arising from a dial-a-dope operation in Penticton. The Crown sought 18 months of incarceration; the defence sought a conditional sentence of no more than 18 months. Justice Weatherill imposed an 18-month conditional sentence, citing her lack of a meaningful record and the steps she had taken to turn her life around.

In the judge's words

Now, Ms. Aeichele, in this case, there are factors which weigh in your favour. It is relevant that you have no criminal record to speak of. There is some basis to believe that you have made changes in your life and that you are in the process of moving forward in a positive direction.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: F. Lépine
Defence: J. Pennington

Sources

  1. R. v. Aeichele, 2022 BCSC 195 Court decision, CanLII, January 20, 2022[30] The Crown seeks a period of incarceration for Ms. Aeichele of 18 months.Cheryl Lynn Aeichele[60] Now, Ms. Aeichele, in this case, there are factors which weigh in your favour. It is relevant that you have no criminal record to speak of. There is some basis to believe that you have made changes in your life and that you are in the process of moving forward in a positive direction.[65] Accordingly, I impose an 18-month conditional sentence to be served in the community. This 18-month CSO is on all three charges to be served concurrently.
  2. R. v. Aeichele, 2022 BCSC 195 Court decision, Courts of British Columbia

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