Trafficking in a Schedule I or II substance
R. v. Busch
Sentence and the Crown's position
Crown asked18 months in custody1
Judge imposed18 months (fentanyl) concurrent with 6 months (cocaine), less 195 days credit; 345 days remaining1
What the law allows
MaximumLife imprisonment
Crown asked18 months in custody
Judge imposed18 months in custody
Defence asked18 months in custody
Kenneth Allen Busch pleaded guilty to trafficking cocaine and fentanyl after selling small amounts of each to an undercover officer in Kelowna. Crown and defence jointly proposed 18 months of incarceration. Justice Wilson accepted the joint submission, imposing 18 months for the fentanyl count concurrent with six months for the cocaine count, less credit for 195 days of pre-sentence custody, finding a sentence at the low end of the range appropriate given the guilty plea.
In the judge's words
1The guilty plea also reflects that Mr. Busch has taken some responsibility for his actions; and, as a result, I am satisfied that a sentence at the low end of the range is appropriate in this case.
The record
- Convicted of
- Trafficking in a Schedule I or II substance (CDSA 5(1), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 18 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J.M. Le Dressay
Defence: M.S. Lowe
Sources
- R. v. Busch, 2022 BCSC 2406 Court decision, CanLII, December 12, 2022
[4] The proposed sentence on this joint submission is for a period of 18 months of incarceration.
[4] The proposed sentence on this joint submission is for a period of 18 months of incarceration.
[1] … Mr. Busch has pleaded guilty to both trafficking in cocaine, under Count 2, and fentanyl, in Count 2.
[5] … The guilty plea also reflects that Mr. Busch has taken some responsibility for his actions; and, as a result, I am satisfied that a sentence at the low end of the range is appropriate in this case.
[6] Mr. Busch, I therefore sentence you to six months' incarceration under Count 1, for cocaine; and 18 months under Count 2, that is for trafficking in fentanyl. Mr. Busch is entitled to credit for time served. He has 130 actual days in pretrial custody and, therefore, is entitled to credit for 195 days. That will be deducted from the 18 months' sentence.
- R. v. Busch, 2022 BCSC 2406 Court decision, Courts of British Columbia