Possession of a Schedule I or II substance for the purpose of trafficking, Unauthorized possession of a firearm, Resisting or obstructing a peace officer
R. v. Renshaw
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Wyatt Daniel Renshaw was found guilty of 11 counts of possession of controlled substances, including fentanyl and carfentanil, for the purpose of trafficking, as well as obstructing a peace officer and unauthorized possession of a semiautomatic rifle, after a police search of a Vancouver apartment. The Crown sought a global sentence of eight years and the defence sought two years less a day to be served conditionally. Justice Gerow imposed a global sentence of three years' incarceration with all counts concurrent, finding he was at the lower end of mid-level dealing, in part to support his own addiction.
In the judge's words
1The case law makes it clear that for cases involving the possession for the purposes of trafficking of fentanyl and carfentanil, deterrence and denunciation are the primary principles in sentencing for these offences. However, rehabilitation is a factor to be considered.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 11 counts)
- Unauthorized possession of a firearm (CC 91(1))
- Resisting or obstructing a peace officer (CC 129(a))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: D. Singhal, C. Gardner
Defence: D.M. Melville
Sources
- https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc685/2022bcsc685.html Court decision
[3] The Crown submits that, after a reduction for totality, a global sentence of eight years is appropriate.
[6] The defence says that after a reduction for totality, a fit sentence is two years less a day to be served conditionally, followed by a three‑year period of probation.
THE COURT: Wyatt Daniel Renshaw was found guilty of 13 counts
[57] The case law makes it clear that for cases involving the possession for the purposes of trafficking of fentanyl and carfentanil, deterrence and denunciation are the primary principles in sentencing for these offences. However, rehabilitation is a factor to be considered.
[66] The global sentence under all counts is three years' incarceration.
- R. v. Renshaw, 2022 BCSC 685 Court decision, Courts of British Columbia