Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a loaded prohibited or restricted firearm
R. v. Dugas
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Ravin Dugas pleaded guilty to possession of fentanyl for the purpose of trafficking and possession of a loaded prohibited or restricted firearm, after flashing a loaded handgun at a passerby in Vernon in December 2019. The Crown sought a global sentence of seven years; the defence sought four years. Justice Hardwick imposed four years and three years consecutive, reduced to a global six years, less 33 months of pre-sentence credit, citing the Gladue factors and his place between street-level and mid-level trafficking.
In the judge's words
1Similarly, I find that the sentence sought by the Crown does not fully account for the fact that I have found that Mr. Dugas falls on the spectrum between street‑level and mid‑level trafficking, or fulsomely apply the Gladue factors. However, ultimately, after consideration, the submission of the Crown falls closer in line with the case law for the sentencing of offenders in somewhat similar circumstances.
The record
Sources
- R. v. Dugas, 2023 BCSC 85 Court decision, CanLII, January 6, 2023
[64] In this case, the position of the parties on sentencing is as follows: … a) the Crown seeks consecutive sentences for both offences, resulting in a global sentence of seven years in custody less time served;
b) the defence seeks a global sentence of four years and makes specific note that this would allow him to remain in the provincial system and allow for probation.
[1] THE COURT: These are my oral reasons for judgment with respect to the sentencing of Mr. Ravin Dugas.
[69] … Similarly, I find that the sentence sought by the Crown does not fully account for the fact that I have found that Mr. Dugas falls on the spectrum between street‑level and mid‑level trafficking, or fulsomely apply the Gladue factors. However, ultimately, after consideration, the submission of the Crown falls closer in line with the case law for the sentencing of offenders in somewhat similar circumstances.
[70] Thus, I have concluded that a total fit sentence is six years' imprisonment: four years for possession of fentanyl for the purposes of trafficking, and three years for possession of a loaded prohibited weapon, to be served consecutively, which shall be reduced to six years as a global sentence on the basis of the principle of proportionality. … [72] Having regard to my having been presiding outside of the Okanagan, Christmas holidays, and other scheduling challenges, I was not able to give reasons until today, January 6, 2023. I have thus preliminarily concluded that it is appropriate to increase Mr. Dugas's credit to 33 months.
- R. v. Dugas, 2023 BCSC 85 Court decision, Courts of British Columbia