Possession of a Schedule I or II substance for the purpose of trafficking, Human trafficking of a person under 18

R. v. M.A.N.

A publication ban applies. The offender is not named.

  • On release at the time

Sentence and the Crown's position

Crown asked7 years and 4 months in custody1
Judge imposed7 years 4 months in custody (6 years for human trafficking of a minor, consecutive to 16 months for drug trafficking), less 1.5:1 credit for pre-sentence custody1

What the law allows

MaximumLife imprisonment
Crown asked7 years and 4 months in custody
Judge imposed7 years and 4 months in custody
Defence asked7 years and 4 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 to human trafficking of a person under 18 and was convicted after trial of three counts of possession of drugs, including fentanyl, for the purpose of trafficking. On a joint submission from the Crown and defence, Justice Fitzpatrick imposed six years for the human trafficking offence, consecutive to 16 months for the drug offences, an overall sentence of seven years and four months. The judge said the 16-month term on the fentanyl count was "a very generous one" but found it did not meet the high bar for rejecting a joint submission.

In the judge's words

[124] Despite my concerns about the sentence on Count 1 of the PPT Offences, even having considered Ellis and Sunner, I am unable, but only just, to conclude that the high bar has been reached, in that there is any reason to reject the joint submission on the basis that it would bring the administration of justice into disrepute.

1

The record

Prior convictions
Not recorded
At the time of the offence
On probation1
Defence asked for
7 years and 4 months in custody1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: A. Russell, C. Smith
Defence: R. Gill, N. Wright, I. Bownick

Sources

  1. R. v. M.A.N., 2023 BCSC 2310 Court decision, CanLII, December 21, 2023[51] As stated above, a joint submission has been made in respect of both matters. … [54] The proposal is that the sentence for the PPT Offences and the sentence for the Human Trafficking Offence would be served consecutively. That would result in an overall sentence of seven years and four months.[51] As stated above, a joint submission has been made in respect of both matters. … [54] The proposal is that the sentence for the PPT Offences and the sentence for the Human Trafficking Offence would be served consecutively. That would result in an overall sentence of seven years and four months.[97] The proposed sentence for the Human Trafficking Offence - six years - is situated in the range but is still, appropriately, above the minimum sentence of five years that applies in BC.[81] I accept the aggravating factors advanced by the Federal Crown in relation to the PPT Offences: … d) … was on probation at the time of the Offences[124] Despite my concerns about the sentence on Count 1 of the PPT Offences, even having considered Ellis and Sunner, I am unable, but only just, to conclude that the high bar has been reached, in that there is any reason to reject the joint submission on the basis that it would bring the administration of justice into disrepute.[54] The proposal is that the sentence for the PPT Offences and the sentence for the Human Trafficking Offence would be served consecutively. That would result in an overall sentence of seven years and four months. … [133] On the Human Trafficking Offence, I impose a term of imprisonment, before any credit, of six years. … [134] On Count 1 of the PPT Offences, I impose a term of imprisonment, before any credit, of 16 months or 480 days. … [135] The sentences for the Human Trafficking Offence and the PPT Offences are to be served consecutively.
  2. R. v. M.A.N., 2023 BCSC 2310 Court decision, Courts of British Columbia

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