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
What the law allows
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
1However, 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.
The record
- Convicted of
- Trafficking in a Schedule I or II substance (CDSA 5(1), 2 counts)
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1))
- 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
- 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.
- R. v. Kazakoff, 2022 BCSC 1972 Court decision, Courts of British Columbia