Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Maki
- Below the Crown's ask
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Stephen Tosh Maki pleaded guilty to possessing fentanyl for the purpose of trafficking after police found 42 grams of fentanyl powder, 804 fentanyl pills and $74,680 in cash in the vehicle he was driving near Williams Lake. The Crown sought four and a half years of imprisonment; the defence sought a conditional sentence of two years less a day. Justice Church imposed a conditional sentence of two years less a day followed by three years of probation, finding that his rehabilitative steps since the offence, including nearly three years of sobriety and steady employment, were exceptional.
In the judge's words
1[65] I have concluded that a conditional sentence order of two years less a day with strict conditions would address the paramount principles of denunciation and deterrence, and recognize Mr. Maki's exceptional efforts at rehabilitation.
The record
Sources
- R. v. Maki, 2023 BCSC 2470 Court decision, CanLII, July 20, 2023
[21] In terms of the positions of the parties, the Federal Crown seeks a sentence of four and a half years of imprisonment on Count 1.
[27] Counsel for Mr. Maki seeks the imposition of a conditional sentence order of two years less a day, to be followed by a two‑year probation order.
[1] THE COURT: Stephen Tosh Maki was charged on Indictment 35801‑2 with one count of unlawful possession of a controlled substance, namely fentanyl, for the purposes of trafficking
[9] According to Exhibit 2 on sentence, Mr. Maki has a short criminal history with convictions that bookend this offence. He has convictions for possession of a weapon, uttering threats, and possession of a controlled substance from May 2021, with an offence date of December 29, 2019, and convictions for assault and mischief from June 11, 2021, with an offence date of May 16, 2020.
[65] I have concluded that a conditional sentence order of two years less a day with strict conditions would address the paramount principles of denunciation and deterrence, and recognize Mr. Maki's exceptional efforts at rehabilitation.
[67] So Mr. Maki, would you please stand up, sir. On Count 1 on the indictment, I sentence you to a conditional sentence order of two years less a day, which is 730 days. … [91] THE COURT: After your conditional sentence order is completed, you must comply with a probation order for a period of three years.
- R. v. Maki, 2023 BCSC 2470 Court decision, Courts of British Columbia