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

R. v. Sanchez

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposedFive years imprisonment on each count, concurrent; lifetime s. 109 firearms ban, DNA order, forfeiture1

What the law allows

MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked5 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.

Larome Angelo Sanchez was found guilty of possession of cocaine for the purpose of trafficking and possession of fentanyl and heroin for the purpose of trafficking, after police seized 232.4 grams of cocaine, 156.6 grams of heroin-fentanyl and $14,815 from a Kelowna apartment. The Crown and defence jointly proposed a five-year penitentiary sentence. Justice Weatherill accepted the joint submission and imposed five years on each count, concurrent, finding it met the goals of denunciation and deterrence.

In the judge's words

In all the circumstances, based on what I have heard today, I am satisfied that a five‑year jail sentence is appropriate. It meets the primary sentencing goals of denunciation and deterrence. It is also well within the range of sentencing for offences of this nature.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
5 years in custody1
Appeal
Not yet checked
Counsel
Crown: F. Lépine
Defence: C.B.S. Muldoon

Sources

  1. R. v. Sanchez, 2023 BCSC 1063 Court decision, CanLII, May 30, 2023[8] Following what I infer were productive discussions to resolve the sentencing issue in this case, both Crown and Mr. Muldoon jointly proposed that I sentence Mr. Sanchez to a five‑year penitentiary sentence.[8] Following what I infer were productive discussions to resolve the sentencing issue in this case, both Crown and Mr. Muldoon jointly proposed that I sentence Mr. Sanchez to a five‑year penitentiary sentence.[3] Mr. Sanchez is now before me for sentencing.[9] In all the circumstances, based on what I have heard today, I am satisfied that a five‑year jail sentence is appropriate. It meets the primary sentencing goals of denunciation and deterrence. It is also well within the range of sentencing for offences of this nature.[12] I am going to sentence you for a term of imprisonment of five years on both Counts 1 and 2, and those sentences will be served concurrently.
  2. R. v. Sanchez, 2023 BCSC 1063 Court decision, Courts of British Columbia

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