Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a loaded prohibited or restricted firearm, Possession of a firearm knowing its possession is unauthorized, Failure to attend court, Breach of a release order
R. v. Nazarek
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
A jury convicted Dana Andrew Nazarek of six counts of possessing cocaine, methamphetamine and fentanyl-based drugs (some mixed with carfentanil or heroin) for the purpose of trafficking and four firearms possession counts, after police found drugs, cash and four loaded guns at his Fort St. John home in 2018; he also pleaded guilty to failing to attend court near the end of his trial and two bail breaches. He committed the drug and firearms offences while on bail awaiting sentence for earlier convictions for possessing fentanyl and cocaine for the purpose of trafficking. The Crown proposed 15 to 16 years; the defence proposed six years. Justice Mayer imposed a global sentence of 12 years, less 683 days of credit, citing denunciation, deterrence and protection of the public.
In the judge's words
1[99] Although I must and have considered the prospect of your rehabilitation, this factor is secondary given the aggravating circumstances. It is clear that a substantial period of incarceration is required to satisfy the primary principles of denunciation and deterrence, and related to that, the necessity to protect the public from potential future criminal conduct.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 6 counts)
- Possession of a loaded prohibited or restricted firearm (CC 95(1), 2 counts)
- Possession of a firearm knowing its possession is unauthorized (CC 92(1), 2 counts)
- Failure to attend court (CC 145(2))
- Breach of a release order (CC 145(5), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Defence asked for
- 6 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Cramer, T. Johnson
Defence: C. Paquette
Sources
- R. v. Nazarek, 2023 BCSC 722 Court decision, CanLII, April 6, 2023
[60] Taking into consideration the principle of totality, the Crown proposes a 15-16 year sentence.
[65] Mr. Nazarek submits that an appropriate sentence for the PPT and Firearms Offences is five to eight years, less credit for time served and that an appropriate sentence for the failure to appear and breach of bail conditions offences is one year. Taking into consideration the principles of totality and restraint, the defendant proposes a six-year global sentence.
[1] The accused, Dana Nazarek, is before the Court today to be sentenced for convictions arising under two indictments.
[91] Finally, I find it to be an aggravating factor that Mr. Nazarek committed the PPT Offences and Firearms Offences while on bail for the 2013 Offences.
[99] Although I must and have considered the prospect of your rehabilitation, this factor is secondary given the aggravating circumstances. It is clear that a substantial period of incarceration is required to satisfy the primary principles of denunciation and deterrence, and related to that, the necessity to protect the public from potential future criminal conduct.
[102] These sentences total 13 years which I reduce by one year to reflect the totality principle, resulting in a global sentence of 12 years imprisonment. … [103] The Crown and your counsel have agreed on the calculation of credit you should receive for pre-sentence custody. The Crown calculates that you have spent 455 days in custody and therefore you are entitled to a credit for time served of 683 days pursuant to s. 719 (3.1) of the Criminal Code.
- R. v. Nazarek, 2023 BCSC 722 Court decision, Courts of British Columbia