Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a loaded prohibited or restricted firearm

R. v. S.T.C.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked4 years and 6 months in custody1
Judge imposed4.5 years imprisonment (concurrent on all counts), less 303 days credit; 10-year firearms ban1

What the law allows

MaximumLife imprisonment
Crown asked4 years and 6 months in custody
Judge imposed4 years and 6 months in custody
Defence asked4 years and 6 months in custody
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.

The offender pleaded guilty, after an unsuccessful Charter application, to two counts of possessing fentanyl and methamphetamine for the purpose of trafficking and one count of possessing a loaded prohibited firearm, found at a mid-level drug-trafficking operation in Powell River. Crown and defence made a joint submission for 4.5 years' imprisonment. Justice A. Ross accepted it and imposed 4.5 years concurrent on all counts, less 303 days of credit, finding the firearm offence close to the true crime end of the spectrum.

In the judge's words

In this case, the firearm offence falls closer to the true crime end of the spectrum, given that the firearm was found in the location of a drug‑trafficking operation. The gun had been modified to make it more concealable. It was loaded with a prohibited magazine.

1

The record

Prior convictions
3 prior convictions1
At the time of the offence
Not stated1
Defence asked for
4 years and 6 months in custody1
Appeal
Not yet checked
Counsel
Crown: J.A. Cramer
Defence: S.J. Runyon

Sources

  1. R. v. S.T.C., 2023 BCSC 2234 Court decision, CanLII, October 30, 2023I received joint submissions on sentencing indicating that an appropriate concurrent sentence for the three counts would be 4.5 years' imprisonment less credit for time served.I received joint submissions on sentencing indicating that an appropriate concurrent sentence for the three counts would be 4.5 years' imprisonment less credit for time served.… has a limited criminal record as an adult, consisting of failing to comply with a summons, resisting arrest, and failing to attend court, all of which resulted in a fine and one day in jail.In this case, the firearm offence falls closer to the true crime end of the spectrum, given that the firearm was found in the location of a drug‑trafficking operation. The gun had been modified to make it more concealable. It was loaded with a prohibited magazine.[28] THE COURT: Thank you. I sentence you to a period of incarceration of 4.5 years. You have been in pre-sentence custody for 202 days. Pursuant to s. 719(3) of the Criminal Code, you are entitled to credit of 303 days for that time served.
  2. R. v. S.T.C., 2023 BCSC 2234 Court decision, Courts of British Columbia

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