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

R. v. Trifunski

Sentence and the Crown's position

Crown asked9 months in custody1
Judge imposed6 months in prison, then 12 months probation1
90 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked9 months in custody
Judge imposed6 months 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.

Lee Michael Trifunski was convicted after trial of possession of about 41 grams of methamphetamine for the purpose of trafficking; when a police officer arrested the group, he threw the baggies of drugs into the woods. The Crown sought nine months in jail; the self-represented offender asked for a sentence without jail, such as a conditional sentence. Justice Ball found a conditional sentence inappropriate and imposed six months' imprisonment followed by 12 months' probation, citing the danger of methamphetamine and the attempt to get rid of the drugs during the arrest.

In the judge's words

The aggravating circumstances are much more numerous and significant particularly given the danger of methamphetamine to the public, and the actions of Mr. Trifunski in attempting to remove the methamphetamine from the clearing and thereby evade detection.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: M. Adams

Sources

  1. R. v. Trifunski, 2022 BCSC 610 Court decision, CanLII, April 8, 2022[18] The Crown's position on sentencing of this first-time offender is that a jail sentence of nine months is appropriate.[2] Mr. Trifunski is before the Court today for sentencing on a single count of possession of methamphetamine for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].Unlike Mr. Lachance, he has no criminal record. That is a mitigating factor.[31] … The aggravating circumstances are much more numerous and significant particularly given the danger of methamphetamine to the public, and the actions of Mr. Trifunski in attempting to remove the methamphetamine from the clearing and thereby evade detection.I find the fit and appropriate sentence to be six months' imprisonment followed by a term of 12 months' probation.
  2. R. v. Trifunski, 2022 BCSC 610 Court decision, Courts of British Columbia

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