Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Lypowich
Sentence and the Crown's position
What the law allows
Cody Erin Lypowich pleaded guilty, after an unsuccessful voir dire, to possessing cocaine, methamphetamine and carfentanyl for the purpose of trafficking in connection with a dial-a-dope operation in Kelowna. The Crown described a range of three to four years and sought a sentence towards the higher end; the defence argued for three years. Justice S. Wilson imposed three and a half years' imprisonment less 123 days of credit, citing the lethality of fentanyl and carfentanyl and his recent 24-month sentence in Alberta for a similar offence.
In the judge's words
1I therefore conclude that this sentence must be at least at the upper end of the normal range in Smith for a first‑time offender and must exceed the sentence he received shortly before this offence.
The record
Sources
- R. v. Lypowich, 2022 BCSC 718 Court decision, CanLII, April 22, 2022
[16] The Crown says the range of sentence is between three and four years of imprisonment and that the sentence towards the higher end of the range would be appropriate here.
[16] … The defence argues that a three‑year sentence is sufficient in these circumstances.
[2] Mr. Lypowich pleaded guilty to possessing cocaine, methamphetamine, and carfentanyl for the purposes of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act.
[37] I therefore conclude that this sentence must be at least at the upper end of the normal range in Smith for a first‑time offender and must exceed the sentence he received shortly before this offence.
[39] In the circumstances, I conclude that an appropriate sentence in this case is one of three‑and‑a‑half‑years' imprisonment (that is 42 months), less credit for time served. … [56] THE COURT: Yes, so my math is 42 months at 30 days is 1,260 days, less 123 days of credit would leave 1,137 days remaining.
- R. v. Lypowich, 2022 BCSC 718 Court decision, Courts of British Columbia