Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a weapon for a dangerous purpose
R. v. Campbell
- On release at the time
Sentence and the Crown's position
What the law allows
Michael Gordon Campbell pleaded guilty on two indictments to possessing fentanyl, methamphetamine and cocaine for the purpose of trafficking and to possessing a homemade gun and a stun gun for a purpose dangerous to the public peace; the second set of offences was committed while he was on bail for the first. The Crown sought a global sentence of three and a half years and the defence sought 36 months. Justice Caldwell adopted the Crown's position, imposing three and a half years less 90 days of credit, after finding the four-year total of the individual sentences somewhat harsh.
In the judge's words
1Having considered all of that and in light of all of those matters I have already referred to, I do find that four years is at least somewhat harsh and disproportionate, but I have to say, sir, I do not find it to be significantly so. In all of the circumstances, in my view, the position taken by the Crown is the appropriate one and I am prepared to reduce the global sentence overall to one of three-and-a-half years.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 4 counts)
- Possession of a weapon for a dangerous purpose (CC 88, 2 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- On bail1
- Defence asked for
- 36 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: H.D. Pineo
Defence: C.L. Hodson
Sources
- R. v. Campbell, 2023 BCSC 2015 Court decision, CanLII, October 19, 2023
[14] Addressing the concept of the total or global sentence, the Crown says that a total sentence in the global range of 3.5 years or 42 months is appropriate which is a six-month reduction from the four years.
Counsel for the accused says there should be a one-year reduction from the four years to take it down to a sentence of 36 months.
[4] On review of the presentence report and on hearing submissions from counsel, I am advised that Mr. Campbell is a 47-year-old man
[19] A further aggravating factor is that Mr. Campbell was on bail at the time of the second offence.
So I consider him as a person before me with no criminal record.
[28] … Having considered all of that and in light of all of those matters I have already referred to, I do find that four years is at least somewhat harsh and disproportionate, but I have to say, sir, I do not find it to be significantly so. In all of the circumstances, in my view, the position taken by the Crown is the appropriate one and I am prepared to reduce the global sentence overall to one of three-and-a-half years.
[30] Based on the submissions of both lawyers, I credit you one-and-a-half days for your time in custody. So that is a total of 90 days. By my arithmetic, that is three-and-a-half years times 365 days is 1,277 days. Taking 90 days off of that leaves you with 1,187 days.
- R. v. Campbell, 2023 BCSC 2015 Court decision, Courts of British Columbia