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

Crown asked4 years in custody1
Judge imposedTwo years less one day conditional sentence (concurrent on each count, house arrest), then 3 years probation1
4 years less custody than the Crown asked

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

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed2 years less a day conditional sentence
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 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

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.

1

The record

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

  1. 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.
  2. R. v. C.M.K., 2023 BCSC 301 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.