Possession of a Schedule I or II substance for the purpose of trafficking, Failure to stop after an accident

R. v. Sunner

Sentence and the Crown's position

Crown asked775 days in custody1
Judge imposed14 months' imprisonment plus 45 days consecutive, then 12 months' probation1
310 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked775 days in custody
Judge imposed465 days 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.

Parmvir Sunner was found guilty after trial of four counts of possession of controlled substances, including fentanyl, for the purpose of trafficking, and one count of failing to remain at the scene of an accident. The Crown sought 24 to 30 months on the fentanyl count plus 45 days consecutive; the defence sought a conditional sentence of two years less a day. Justice Norell imposed 14 months' imprisonment on the fentanyl count and 45 days consecutive, followed by 12 months' probation, citing his youth, lack of a criminal record, difficult upbringing and remorse.

In the judge's words

[69] Mr. Sunner's personal circumstances, being his youth at the time of the offences, lack of criminal record, his challenging upbringing with an alcoholic father resulting in dysfunction, lack of parental guidance, and overall instability in the home, and his remorse and acceptance of harm all cumulatively reduce his culpability in the proportionality analysis.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: C. Fast
Defence: A.S. Sidhu

Sources

  1. R. v. Sunner, 2023 BCSC 2169 Court decision, CanLII, November 23, 2023[2] The Crown seeks a sentence of 24 to 30 months' imprisonment on the most serious conviction involving fentanyl, with nine months' imprisonment to be served concurrently for each of the other three drug convictions, and 45 days imprisonment served consecutively for the conviction for failure to remain at the scene of the accident, plus a 12 to 18‑month driving prohibition.[3] Mr. Sunner seeks a conditional sentence order ("CSO") of two years less a day with 24‑hour house arrest for the first 18 months, and with exceptions for work and necessary appointments, followed by probation.[1] THE COURT: On August 28, 2023, I found Parmvir Sunner guilty of four counts charged in Indictment 84312‑5 of possession of a controlled substance for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].b) Mr. Sunner had no criminal record at the time of the offence;[69] Mr. Sunner's personal circumstances, being his youth at the time of the offences, lack of criminal record, his challenging upbringing with an alcoholic father resulting in dysfunction, lack of parental guidance, and overall instability in the home, and his remorse and acceptance of harm all cumulatively reduce his culpability in the proportionality analysis.[80] THE COURT: No, okay. Mr. Sunner, will you stand, please. On Count 3, possession of fentanyl for the purpose of trafficking, I sentence you to 14 months' imprisonment. … [82] On Count 2, failure to remain at the scene of an accident, I sentence you to 45 days imprisonment to be served consecutive to Count 3. [83] Following your release from custody, you will serve a period of probation for 12 months.
  2. R. v. Sunner, 2023 BCSC 2169 Court decision, Courts of British Columbia

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