Possession of a Schedule I or II substance for the purpose of trafficking
R. v. C.M.K.
A publication ban applies. The offender is not named.
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
The offender was found guilty of three counts of possession of fentanyl, cocaine and methamphetamine for the purpose of trafficking, as a participant in a mid-level drug distribution enterprise. The Crown sought a four-year penitentiary sentence. Justice Baird imposed a conditional sentence of two years less one day on each count, concurrent, followed by three years of probation, citing the offender's lack of a record, his recovery from substance use, his low risk to reoffend and delay not attributable to him.
In the judge's words
1Because of these combined factors, I would not impose a four-year penitentiary term. A sentence of this length would no longer be fit and would in fact be "counterproductive": Kreutziger at paras. 21, 26.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 3 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: C. Gibson
Defence: D. Melville
Sources
- R. v. C.M.K., 2023 BCSC 301 Court decision, CanLII, February 8, 2023
[4] Nevertheless, and perfectly understandably, the Crown is seeking a penitentiary sentence of four years.
[7] … He has no prior criminal record.
[24] Because of these combined factors, I would not impose a four-year penitentiary term. A sentence of this length would no longer be fit and would in fact be "counterproductive": Kreutziger at paras. 21, 26.
[31] I hereby impose concurrent jail sentences of two years less one day on each of the three counts upon which I have entered convictions against you, followed by three years of probation. The jail sentences are to be served conditionally in the community in accordance with s. 742.1 of the Criminal Code.
- R. v. C.M.K., 2023 BCSC 301 Court decision, Courts of British Columbia