Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Trehearne
Sentence and the Crown's position
What the law allows
Michael Joseph Thomas Trehearne was found guilty after trial of possessing fentanyl and methamphetamine for the purpose of trafficking in Vernon. The Crown sought three years' imprisonment; the defence sought a conditional sentence of two years less a day. Justice Norell imposed 18 months' imprisonment followed by a year of probation, finding a conditional sentence would not sufficiently denounce and deter fentanyl trafficking, while treating him as a first offender with reduced responsibility because of his background.
In the judge's words
1[78] I have considered the principles of restraint and that all reasonable sanctions other than imprisonment should be considered. However, those sanctions must be consistent with the harm done to victims or the community. After considering Mr. Trehearne's reduced responsibility and recent rehabilitative efforts, I find that a CSO would not sufficiently denounce Mr. Trehearne's conduct and the grave harm caused by Fentanyl and methamphetamines, nor would a CSO sufficiently deter him and others from engaging in these offences.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 2 counts)
- 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: J.M. Le Dressay
Defence: N. Jacob
Sources
- R. v. Trehearne, 2023 BCSC 2179 Court decision, CanLII, August 10, 2023
[3] In summary, the Crown seeks a sentence of three years' imprisonment.
[3] In summary, the Crown seeks a sentence of three years' imprisonment. Mr. Trehearne seeks a conditional sentence order ("CSO") of two years less a day with house arrest with exceptions for work and education.
[1] THE COURT: On June 9, 2022, I found Michael Trehearne guilty of the two counts charged in Indictment 51967‑2
[25] Mr. Trehearne had no criminal record at the time of the subject offences.
[78] I have considered the principles of restraint and that all reasonable sanctions other than imprisonment should be considered. However, those sanctions must be consistent with the harm done to victims or the community. After considering Mr. Trehearne's reduced responsibility and recent rehabilitative efforts, I find that a CSO would not sufficiently denounce Mr. Trehearne's conduct and the grave harm caused by Fentanyl and methamphetamines, nor would a CSO sufficiently deter him and others from engaging in these offences.
[113] THE COURT: The sentence imposed would have been 547 days. Mr. Trehearne, you are entitled to pre-sentence custody credit of 32 days at 1.5 to one, so it is a credit of 48 days. The sentence imposed is 499 days.
- R. v. Trehearne, 2023 BCSC 2179 Court decision, Courts of British Columbia