Trafficking in a Schedule I or II substance
R. v. M.F.H.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked731 days in custody1
Judge imposed2 years plus 1 day (joint submission)1
What the law allows
MaximumLife imprisonment
Crown asked731 days in custody
Judge imposed731 days in custody
Defence asked731 days in custody
The offender was convicted of one count of trafficking in fentanyl, which he had represented as methamphetamine. Crown and defence jointly proposed two years plus one day. Justice Ball accepted the joint submission, finding it within the established range for fentanyl trafficking and noting the rehabilitative programming available in the federal system.
In the judge's words
1The sentence proposed in this case is two years plus one day. That is clearly a sentence, dealing with fentanyl trafficking, that is within the range set out in R. v. Smith, 2017 BCCA 112.
The record
- Convicted of
- Trafficking in a Schedule I or II substance (CDSA 5(1))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 731 days in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: T.J. Lattimer
Defence: M.S. Lowe
Sources
- R. v. M.F.H., 2022 BCSC 967 Court decision, CanLII, May 18, 2022
[2] Counsel have presented the Court with a joint submission on sentence. The sentence proposed in this case is two years plus one day.
[2] Counsel have presented the Court with a joint submission on sentence. The sentence proposed in this case is two years plus one day.
[2] … The sentence proposed in this case is two years plus one day. That is clearly a sentence, dealing with fentanyl trafficking, that is within the range set out in R. v. Smith, 2017 BCCA 112.
In this case, I am also satisfied that the two years plus one day is a fit and appropriate sentence.
- R. v. M.F.H., 2022 BCSC 967 Court decision, Courts of British Columbia