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

R. v. Matson

Sentence and the Crown's position

Crown asked34 months in custody1
Judge imposed28 months jail (concurrent on all counts); DNA order, s. 109 prohibition, forfeiture1
6 months less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked34 months in custody
Judge imposed28 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.

Michael Matson was convicted after trial of possessing methamphetamine and heroin with fentanyl for the purpose of trafficking, and of possessing cocaine, found at a Mackenzie residence in October 2019 while he was on probation. The Crown sought 34 months in jail and the defence a conditional sentence. Justice Tindale imposed 28 months in custody, finding a conditional sentence inappropriate given his record of not complying with court orders, but giving a discount from the Crown's position for his efforts at rehabilitation.

In the judge's words

[57] In my view, a Conditional Sentence Order is not appropriate in the circumstances of this case primarily for two reasons. First, a fit sentence would require more than two years of incarceration and, given the accused's poor track record for complying with court orders, I have no faith that he would comply with the conditions of the conditional sentence order if he was placed on it, which would put society at risk.

1

The record

Prior convictions
Not recorded
At the time of the offence
On probation1
Appeal
Not yet checked
Counsel
Crown: A.M. Murray
Defence: S. Catona

Sources

  1. R. v. Matson, 2023 BCSC 141 Court decision, CanLII, January 13, 2023[20] The Crown says that a fit global sentence would be 34 months in jail.[1] THE COURT: The accused, Michael Kenneth Robert Matson, was convicted of the following three counts[55] There are aggravating factors in this case, including the fact that the accused was on probation at the time of these offences.[57] In my view, a Conditional Sentence Order is not appropriate in the circumstances of this case primarily for two reasons. First, a fit sentence would require more than two years of incarceration and, given the accused's poor track record for complying with court orders, I have no faith that he would comply with the conditions of the conditional sentence order if he was placed on it, which would put society at risk.[60] So I am going to sentence you to a total of 28 months in custody. … [61] All the sentences are to be served concurrently, one with the other, so again that is a total of 28 months.
  2. R. v. Matson, 2023 BCSC 141 Court decision, Courts of British Columbia

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