Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Dubensky
Sentence and the Crown's position
What the law allows
Michael Dubensky pleaded guilty to two counts of possession of fentanyl and carfentanil for the purpose of trafficking, committed in Nanaimo in June 2020 and March 2022. The Crown and defence jointly proposed four years on each count, consecutive, reduced to six years for totality. Justice Young accepted the joint submission and imposed six years, noting that he sold drugs to fund his own addiction and pleaded guilty.
In the judge's words
1Applying s. 718.2(c), which I repeat says, "Where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh," this prevents the court from imposing a total cumulative sentence that exceeds the principle of proportionality. I find a combined sentence of eight years to be unduly long and harsh and I apply the totality principle and reduce the sentence to six years.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 6 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Rutherford
Defence: J.D.A. Watt
Sources
- R. v. Dubensky, 2023 BCSC 489 Court decision, CanLII, February 9, 2023
[3] An agreed statement of facts has been filed and I have been presented with joint submissions on sentence. The Crown and defence have proposed a four-year sentence for each count to be served consecutively with a two-year reduction based on the totality principle. For clarity, the joint submission is that Mr. Dubensky is to spend six years incarcerated for these two offences.
[3] An agreed statement of facts has been filed and I have been presented with joint submissions on sentence. The Crown and defence have proposed a four-year sentence for each count to be served consecutively with a two-year reduction based on the totality principle. For clarity, the joint submission is that Mr. Dubensky is to spend six years incarcerated for these two offences.
[1] THE COURT: Michael Dubensky pleaded guilty yesterday after seven days of pretrial Charter applications
[27] … Applying s. 718.2(c), which I repeat says, "Where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh," this prevents the court from imposing a total cumulative sentence that exceeds the principle of proportionality. I find a combined sentence of eight years to be unduly long and harsh and I apply the totality principle and reduce the sentence to six years.
[29] So, Mr. Dubensky, I sentence you to four years for the first count, four years for the second count, and these sentences are to be served consecutively, but I reduce them by two years so that you will be incarcerated for six years.
- R. v. Dubensky, 2023 BCSC 489 Court decision, Courts of British Columbia