Trafficking in a Schedule I or II substance, Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a weapon contrary to a prohibition order

R. v. Kazakoff

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed18 months imprisonment (6 months concurrent on each trafficking count, 30 days concurrent on ammunition count); DNA, lifetime s. 109 prohibition1
920 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed18 months in custody
Defence asked18 months conditional sentence
For trafficking in a Schedule I or II substance (CDSA 5(1)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Peter Paul Kazakoff was found guilty after trial of trafficking cocaine and methamphetamine, possessing 56.52 grams of fentanyl for the purpose of trafficking, and possessing ammunition while prohibited, arising from sales at a Grand Forks motel in January 2020. The Crown sought four years in jail; the defence sought a conditional sentence of 18 months to two years less a day. Justice Edelmann rejected a conditional sentence, citing the quantity of fentanyl and his history of non-compliance with court orders, and imposed 18 months' imprisonment, finding denunciation and deterrence could be met by a sentence lower than the Crown's given his compelling personal circumstances.

In the judge's words

However, while I accept that the principles of denunciation and deterrence are of primary importance in these types of offences, I find that those objectives can be met in the circumstances of this case with a sentence somewhat lower than that being sought by the Crown. In my view, a custodial sentence of 18 months adequately balances the public interest in deterring and preventing the trafficking of fentanyl for profit with the rather compelling personal circumstances which brought Mr. Kazakoff to commit those offences.

1

The record

Prior convictions
14 prior convictions1
At the time of the offence
Not stated1
Defence asked for
18 months conditional sentence1
Mandatory minimum
Found unconstitutional or not applied under a binding ruling1
Appeal
Not yet checked
Counsel
Crown: I. Ferbey
Defence: B. Suffredine, K.C.

Sources

  1. R. v. Kazakoff, 2022 BCSC 1972 Court decision, CanLII, September 28, 2022[17] The Crown seeks a sentence of four years in jail and relies on a series of cases, largely involving mid‑level traffickers to support that sentence.[25] The Defence submits that a sentence of 18 months to two years, less a day, is appropriate in the circumstances and suggests it should be served in the community under a Conditional Sentence Order.[14] Fentanyl, cocaine, and methamphetamine are Schedule I substances. The maximum sentence for possession for the purpose of trafficking is imprisonment for life under s. 5(2) and 5(3)(a) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 ["Controlled Drugs and Substances Act"]. The statutory mandatory minimum sentences have been struck down and are of no force or effect.Peter Paul Kazakoff[13] Mr. Kazakoff has a criminal history dating back to 1995, entering the criminal justice system at age 21. He has 14 previous convictions, although the most recent was in 2013.[33] However, while I accept that the principles of denunciation and deterrence are of primary importance in these types of offences, I find that those objectives can be met in the circumstances of this case with a sentence somewhat lower than that being sought by the Crown. In my view, a custodial sentence of 18 months adequately balances the public interest in deterring and preventing the trafficking of fentanyl for profit with the rather compelling personal circumstances which brought Mr. Kazakoff to commit those offences.[42] On Count 3, the possession of fentanyl for the purpose of trafficking, I sentence you to 18 months' imprisonment to run concurrently to the two other sentences.
  2. R. v. Kazakoff, 2022 BCSC 1972 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.