Trafficking in a Schedule I or II substance, Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a weapon contrary to a prohibition order, Unauthorized possession of a firearm, Unauthorized possession of a prohibited or restricted weapon

R. v. Brodek

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked16 years in custody1
Judge imposed10 years global (15 years of individual sentences reduced for totality), less 614 days' pre-sentence credit1
6 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked16 years in custody
Judge imposed10 years in custody
Defence asked9 years in custody
For trafficking in a Schedule I or II substance (CDSA 5(1)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Josef Brodek pleaded guilty to three counts of possession of drugs including fentanyl for the purpose of trafficking, one count of trafficking methamphetamine, three counts of unlicensed firearm possession and one count of possessing firearms while prohibited, for offences in Port Alberni between 2020 and 2022. The Crown sought a global sentence of 16 years; the defence sought nine years. Justice Giaschi imposed individual sentences totalling 15 years, reduced to a global sentence of 10 years for totality, less 614 days' credit, finding he was a mid-level dealer and treating the fentanyl and his lengthy record as aggravating.

In the judge's words

[64] The fact that the drugs in the possession of the defendant included fentanyl is a significant aggravating factor. The three possession for the purpose of trafficking offences for which the defendant has been convicted all include some fentanyl and the amounts involved were not insignificant.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
9 years in custody1
Appeal
Not yet checked
Counsel
Crown: J. Rutherford
Defence: C.L. Hodson (as agent for J. Dosanjh)

Sources

  1. R. v. Brodek, 2023 BCSC 1562 Court decision, CanLII, June 30, 2023[9] The Crown seeks a global sentence of 16 years, less time served.[9] … The defendant says an appropriate global sentence is nine years, less time served.[86] Mr. Brodek, please stand. I now impose sentence on you as follows:[64] The fact that the drugs in the possession of the defendant included fentanyl is a significant aggravating factor. The three possession for the purpose of trafficking offences for which the defendant has been convicted all include some fentanyl and the amounts involved were not insignificant.[93] Considering all of the circumstances and the case authorities, an appropriate global sentence is 10 years. … He is entitled to a credit for time served of 614 days (409 x 1.5). … [97] For the purposes of Corrections, the remaining sentence is 3,036 days (3,650 - 614), calculated from and including July 1, 2023.
  2. R. v. Brodek, 2023 BCSC 1562 Court decision, Courts of British Columbia

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