Possession of cannabis for the purpose of selling

R. v. Bazuta

Sentence and the Crown's position

Crown asked2 years less a day conditional sentence1
Judge imposedTwo years less a day conditional sentence order (house arrest for first third, curfew for second third)1

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum14 years
Crown asked2 years less a day conditional sentence
Judge imposed2 years less a day conditional sentence
Defence asked2 years less a day conditional sentence
For possession of cannabis for the purpose of selling (CA 10(2)), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 14% of the maximum. Read the section.

Matthew Kerry Bazuta pleaded guilty to possessing cannabis for the purpose of selling under the Cannabis Act, after police seized 22.5 kilograms of cannabis products from his Langley home following reports of shots fired there. Crown and defence jointly proposed a conditional sentence. Justice Girn accepted the joint submission and imposed a conditional sentence order of two years less a day, noting he had no criminal record, had pleaded guilty and was no longer involved in the illicit cannabis trade.

In the judge's words

[28] I am confident with regard to this proposed sentence that informed members of the public would find it is appropriate and would maintain confidence in the administration of justice.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: A.P. Hathorn, K. Kuefler
Defence: E. Wilson

Sources

  1. R. v. Bazuta, 2023 BCSC 2598 Court decision, CanLII, September 6, 2023[6] Counsel have proposed a joint submission of a conditional sentence. … [30] Based on the joint submissions of your counsel and Crown, I impose the following sentence. You will be sentenced to a conditional sentence order for two years less a day.[6] Counsel have proposed a joint submission of a conditional sentence. … [30] Based on the joint submissions of your counsel and Crown, I impose the following sentence. You will be sentenced to a conditional sentence order for two years less a day.[2] Mr. Bazuta entered a guilty plea to Count 1 on the Indictment to unlawfully possessing cannabis for the purpose of selling it contrary to s. 10(2) of the Cannabis Act, S.B.C. 2018, c. 29 [Act].[10] Mr. Bazuta is 38 years old. He has no criminal record.[28] I am confident with regard to this proposed sentence that informed members of the public would find it is appropriate and would maintain confidence in the administration of justice.[30] Based on the joint submissions of your counsel and Crown, I impose the following sentence. You will be sentenced to a conditional sentence order for two years less a day.
  2. Cannabis Act, s. 10 Record, Justice Laws Website
  3. R. v. Bazuta, 2023 BCSC 2598 Court decision, Courts of British Columbia

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