Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Mitchell
Sentence and the Crown's position
What the law allows
Selina Mitchell was found guilty of possession for the purpose of trafficking cocaine, fentanyl and methamphetamine as a mid-level supplier in a Vernon dial-a-dope operation. The defence sought a conditional sentence order. Justice Betton imposed three years in custody, finding that despite her sincere rehabilitation efforts, a sentence of less than two years was not within the appropriate range for her role in distributing fentanyl.
In the judge's words
1There is no indication that Ms. Mitchell's role was as a follower. Indeed, the text messages and her activities are one who was encouraging street-level dealers to be productive in the sense of being the worst friends of society that they could be.
The record
Sources
- R. v. Mitchell, 2022 BCSC 2321 Court decision, CanLII, September 27, 2022
[1] THE COURT: This is my decision in the sentencing of Selina Mitchell.
She has a very limited record, although it must be noted that she was on probation at the time that these offences were committed.
[11] Ms. Mitchell was born February 3, 1984, in Fort Nelson. She has only one prior conviction, for theft under $5,000 and possession of a stolen credit card, which I understand to have been her mother's.
[53] … There is no indication that Ms. Mitchell's role was as a follower. Indeed, the text messages and her activities are one who was encouraging street-level dealers to be productive in the sense of being the worst friends of society that they could be.
[55] I am unable to conclude that a sentence of less than two years is within the appropriate range in Ms. Mitchell's circumstances.…this sentence requires a period of incarceration and I fix that at three years.…I do not believe in those circumstances any issuance of credit for time served is required and I would not be inclined to do so.
- R. v. Mitchell, 2022 BCSC 2321 Court decision, Courts of British Columbia