Possession of a Schedule I or II substance for the purpose of trafficking, Assaulting a peace officer with a weapon or causing bodily harm, Flight from a peace officer

R. v. Smith

  • On release at the time

Sentence and the Crown's position

Crown asked3 years and 3 months in custody1
Judge imposedEffective sentence of three years and three months, deemed served by pre-sentence custody (one day jail, time served, on each count)1

What the law allows

MaximumLife imprisonment
Crown asked3 years and 3 months in custody
Judge imposed3 years and 3 months in custody
Defence asked3 years and 3 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.

Blaire Robert Anders Smith pleaded guilty on two indictments to possessing fentanyl and other drugs for the purpose of trafficking, assaulting a police officer with a weapon, and failing to stop for police. Crown and defence made a joint submission for an effective sentence of three years and three months. Justice Riley endorsed the joint submission and, given about three years, three months and 18 days of credit for pre-sentence custody, imposed one day in jail (time served) on each count.

In the judge's words

[16] Taking all of that into account, I have reached the conclusion that I should endorse the joint submission. I see no basis for rejecting it.

1

The record

Prior convictions
Not recorded
At the time of the offence
On bail1
Defence asked for
3 years and 3 months in custody1
Appeal
Not yet checked
Counsel
Crown: A.L. Russell
Defence: A. Willox

Sources

  1. R. v. Smith, 2023 BCSC 2308 Court decision, CanLII, December 14, 2023[3] Mr. Smith pled guilty to both sets of offences and I am being presented with a joint submission as to the sentence. … [15] … which is, based upon the joint submission, going to involve an effective sentence of three years and three months in jail.[3] Mr. Smith pled guilty to both sets of offences and I am being presented with a joint submission as to the sentence. … [15] … which is, based upon the joint submission, going to involve an effective sentence of three years and three months in jail.[1] THE COURT: The offender, Blaire Robert Anders Smith, is before the court for sentencing on two Indictments.The second offence is aggravated by the fact that Mr. Smith committed it following his arrest and release on the first set of offences[16] Taking all of that into account, I have reached the conclusion that I should endorse the joint submission. I see no basis for rejecting it.[15] … which is, based upon the joint submission, going to involve an effective sentence of three years and three months in jail. … [17] Sir, the sentence that I am imposing on you today is a sentence of one day in jail with credit for time served, and the time served reflects that you have spent effectively three years, three months, and 18 days in custody.
  2. R. v. Smith, 2023 BCSC 2308 Court decision, Courts of British Columbia

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