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

R. v. Hecock

Sentence and the Crown's position

Crown asked10 years in custody1
Judge imposed10 years' imprisonment on each of two counts, concurrent, less credit for time served1

What the law allows

MaximumLife imprisonment
Crown asked10 years in custody
Judge imposed10 years in custody
Defence asked10 years in custody
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.

Zacchary Hecock pleaded guilty to importing and possessing for the purpose of trafficking just under 180 kilograms of methamphetamine, brought across the Canada/United States border by ATV. The Crown and defence jointly proposed 10 years' imprisonment, less time served. Justice Walkem accepted the joint submission and imposed 10 years on each count, concurrent, while noting that the joint submission did not reflect the Gladue report prepared for Mr. Hecock, an Indigenous man.

In the judge's words

Nonetheless, as the parties have negotiated and come to this agreement on full knowledge of what their cases were, I accept the joint recommendation.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
10 years in custody1
Appeal
Not yet checked
Counsel
Crown: D. Singhal
Defence: R. Wood

Sources

  1. https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc516/2022bcsc516.html Court decision[7] The Crown and defence jointly submitted the following sentence for consideration of this court: Ten years in jail, less time served, for both Counts 1 and 2, to be served concurrently;[7] The Crown and defence jointly submitted the following sentence for consideration of this court: Ten years in jail, less time served, for both Counts 1 and 2, to be served concurrently;[2] The parties came to an agreement about the basic facts of this case. On July 20, 2020, not 2021 as stated in the signed admissions of fact which I think was a typo, Mr. Hecock illegally imported 11 duffel bags containing just under 180 kilograms of methamphetamine across the Canada/United States border.[9] Mitigating factors that both parties pointed to include the guilty plea before trial and Mr. Hecock's lack of a criminal record.[16] There is, at the same time, a strong public interest in addressing and ameliorating the overrepresentation of Aboriginal offenders in our prisons. Nonetheless, as the parties have negotiated and come to this agreement on full knowledge of what their cases were, I accept the joint recommendation.[18] Mr. Hecock, you are sentenced as follows: Ten years in jail, less time served in custody, for both Counts 1 and 2, to be served concurrently with each other.
  2. R. v. Hecock, 2022 BCSC 516 Court decision, Courts of British Columbia

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