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

R. v. Lawson

Sentence and the Crown's position

Crown asked6 months in custody1
Judge imposed12 months conditional sentence, then 12 months probation1
6 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 asked6 months in custody
Judge imposed12 months conditional sentence
Defence asked12 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.

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

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.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
12 months conditional sentence1
Appeal
Not yet checked
Counsel
Crown: M. Adams
Defence: S. Roy

Sources

  1. R. v. Lawson, 2022 BCSC 2035 Court decision, CanLII, October 20, 2022The 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:
  2. R. v. Lawson, 2022 BCSC 2035 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.