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
What the law allows
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
1In 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.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 2 counts)
- Possession of a loaded prohibited or restricted firearm (CC 95(1))
- 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
- R. v. S.T.C., 2023 BCSC 2234 Court decision, CanLII, October 30, 2023
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.
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.
- R. v. S.T.C., 2023 BCSC 2234 Court decision, Courts of British Columbia