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

R. v. Gowlett

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed4 years imprisonment on each of 2 counts, concurrent1

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed4 years in custody
Defence asked2 years less a day conditional sentence
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.

Kenneth Gowlett was found guilty of two counts of possession of cocaine and fentanyl for the purpose of trafficking after police found 292 grams of cocaine, 133 grams of fentanyl, other drugs and $53,000 in cash. The Crown sought four years in custody; the defence sought a conditional sentence of two years less a day followed by probation. Justice Saunders imposed four years on each count, concurrent, characterizing the activity as mid-level trafficking for profit and giving denunciation and deterrence greater weight than rehabilitation.

In the judge's words

[13] The quantity and variety of these drugs and the amount of cash found in Mr. Gowlett's possession support his activity being characterized as mid-level trafficking. This is not a case of street level trafficking by a marginalized individual.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: T.J. Corsi
Defence: N. Brooks

Sources

  1. R. v. Gowlett, 2023 BCSC 1842 Court decision, CanLII, September 29, 2023[4] The Crown seeks a custodial sentence of four years.[4] … The defence submits that the objectives of sentencing can be appropriately addressed through a conditional sentence of two years less a day,[1] THE COURT: Kenneth Gowlett, who is now 62 years of age, is before me for sentencing.[13] The quantity and variety of these drugs and the amount of cash found in Mr. Gowlett's possession support his activity being characterized as mid-level trafficking. This is not a case of street level trafficking by a marginalized individual.[23] Kenneth Gowlett, on each of Counts 1 and 2 on the indictment I sentence you to a term of imprisonment of four years, to be served concurrently.
  2. R. v. Gowlett, 2023 BCSC 1842 Court decision, Courts of British Columbia

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