Possession of a Schedule I or II substance for the purpose of trafficking
R. v. J.A.C.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked4 years in custody1
Judge imposed4 years imprisonment (joint submission)1
What the law allows
MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed4 years in custody
Defence asked4 years in custody
The offender pleaded guilty to possessing fentanyl for the purpose of trafficking, after being arrested with six ounces of fentanyl in Kamloops. Crown and defence jointly proposed four years' imprisonment. Justice Donegan accepted the joint submission and imposed four years, describing it as at the bottom of the range but proportionate given the offender's guilty plea, remorse, rehabilitation and Gladue factors.
In the judge's words
1While it is a sentence at the bottom of the range of appropriate sentences, I think it is a proportionate sentence in all of the circumstances. It is one that respects the principle of restraint as well.
The record
Sources
- R. v. J.A.C., 2023 BCSC 2309 Court decision, CanLII, December 8, 2023
[2] Counsel have presented a joint submission for my consideration. They jointly propose that a sentence of four years' imprisonment is a proportionate sentence, along with ancillary orders.
[2] Counsel have presented a joint submission for my consideration. They jointly propose that a sentence of four years' imprisonment is a proportionate sentence, along with ancillary orders.
[13] … was 24 years old at the time of his offending. He is now 27. He has a prior criminal record, marked as Exhibit 3. His criminal record shows that … has, from the time his adult record commenced in 2015 until 2019, been convicted of 12 offences.
[38] … While it is a sentence at the bottom of the range of appropriate sentences, I think it is a proportionate sentence in all of the circumstances. It is one that respects the principle of restraint as well.
[39] I sentence you to a period of four years' imprisonment.
- Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
- R. v. J.A.C., 2023 BCSC 2309 Court decision, Courts of British Columbia