Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Lawson
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
Kohl Robert Gordon Lawson was convicted after trial of possessing 3.5 grams of cocaine for the purpose of trafficking as part of a dial-a-dope operation in June 2020. The Crown sought six months in jail followed by 12 months of probation; the defence sought a 12-month conditional sentence. Justice Jackson imposed a 12-month conditional sentence with six months of house arrest, followed by 12 months of probation, finding his risk of reoffending low as a first offender with family support and full-time employment.
In the judge's words
1In this case, I am satisfied the risk of Mr. Lawson reoffending is low. However, the risk to the public if he does reoffend is real, and I have taken that into account.
The record
Sources
- R. v. Lawson, 2022 BCSC 2035 Court decision, CanLII, October 20, 2022
The Crown submits the appropriate sentence is six months jail followed by 12 months probation, and the mandatory ten year firearm prohibition.
Defence counsel submits a fit and proper sentence is a 12 month conditional sentence order ("CSO"), with conditions requiring house arrest for the first six months, a curfew for the next three months, and no curfew for the last three months, plus 50 hours of community service work to be completed in first nine months of the CSO.
[9] The circumstances of this offence do not attract a mandatory minimum sentence.
[2] On June 21, 2022, I convicted the defendant Kohl Robert Gordon Lawson of one count of unlawfully possessing cocaine, a controlled substance, for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].
2) Mr. Lawson has no criminal record. In fact, the evidence at trial was that he had no negative police contact of any kind prior to the offence;
[41] In this case, I am satisfied the risk of Mr. Lawson reoffending is low. However, the risk to the public if he does reoffend is real, and I have taken that into account.
I sentence you to 12 months of imprisonment, to be served in the community (that is a conditional sentence of imprisonment under s. 742.1 of the Code) with the following conditions: … [49] In addition to the CSO, I direct you to comply with a 12 month probation order with the following conditions:
- R. v. Lawson, 2022 BCSC 2035 Court decision, Courts of British Columbia