Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Kizmann
Sentence and the Crown's position
What the law allows
Jeffrey Michael Kizmann was convicted after trial of six counts of possessing controlled substances, including carfentanil and fentanyl, for the purpose of trafficking, and one count of possessing a stolen chainsaw. The Crown sought a global sentence of 10 years; the defence sought time served. Justice Thomas imposed six years, concurrent on all counts, finding him an unsophisticated trafficker at the lower end of mid-level trafficking and treating his difficult upbringing and addiction as significant mitigating factors.
In the judge's words
1[67] For those reasons, and again having regard to the mitigating factors I have discussed, in my view a term of incarceration of six years is appropriate, having regard to the moral blameworthiness and the mitigating factors.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 6 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- Time served1
- Appeal
- Not yet checked
- Counsel
- Crown: F. Lépine
Defence: S.A.L. Williams
Sources
- R. v. Kizmann, 2023 BCSC 2168 Court decision, CanLII, November 17, 2023
[55] Mr. Kizmann's criminal record warrants a global sentence of 10 years, in the Crown's respective view.
[49] Defence counsel says an appropriate sentence would be time served.
[2] I convicted Mr. Kizmann of the following offences:
[67] For those reasons, and again having regard to the mitigating factors I have discussed, in my view a term of incarceration of six years is appropriate, having regard to the moral blameworthiness and the mitigating factors.
[71] Mr. Kizmann, could you please stand. For the reasons I have just given, I sentence you to six years for Counts 1 and 3; two years for Counts 2, 4, and 5; one and a half years for Count 6; and three months for Count 7. All are to be served concurrently. [72] You are credited with three years, 11 months, and 15 days for time served in custody.
- R. v. Kizmann, 2023 BCSC 2168 Court decision, Courts of British Columbia