Importing or exporting a Schedule I or II substance

R. v. Horvath

Sentence and the Crown's position

Crown asked2 years less a day conditional sentence1
Judge imposedTwo years less a day conditional sentence, then three years probation1

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 asked2 years less a day conditional sentence
Judge imposed2 years less a day conditional sentence
Defence asked2 years less a day conditional sentence
For importing or exporting a Schedule I or II substance (CDSA 6(1)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Bernard Julius Horvath pleaded guilty to importing methamphetamine into Canada; he admitted being wilfully blind to the drugs in his suitcase. Crown and defence made a joint submission, which Justice Francis accepted, imposing a conditional sentence of two years less a day followed by three years of probation. The judge found that his advanced age, naivety, guilty plea and remorse greatly reduced his moral culpability.

In the judge's words

The primary sentencing principles for drug importation cases are denunciation and deterrence. However, Mr. Horvath's circumstances, as both counsel submitted, are very unique and any sentence must be tailored to the particular offender before the court. The terms of the conditional sentence order are strict in this case and they will serve, in my view, as an effective deterrent.

1

The record

Prior convictions
1 prior conviction1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: J.R. Lawn, H. Parmar
Defence: J.D. Tarnow, J. Wu

Sources

  1. R. v. Horvath, 2024 BCSC 1323 Court decision, CanLII, June 7, 2024[2] The parties have made a joint submission on sentence … [21] So, having heard the submissions of counsel, I am content that the sentence sought jointly by Crown and defence would not bring the administration of justice into disrepute and is not contrary to the public interest.[2] The parties have made a joint submission on sentence … [21] So, having heard the submissions of counsel, I am content that the sentence sought jointly by Crown and defence would not bring the administration of justice into disrepute and is not contrary to the public interest.[1] THE COURT: Bernard Horvath was charged with two counts of importing controlled substances into Canada on November 10, 2022.[9] In this case I note that Mr. Horvath has a criminal record, although it is related to a dated and unrelated offence of impaired driving from 2006.[20] The primary sentencing principles for drug importation cases are denunciation and deterrence. However, Mr. Horvath's circumstances, as both counsel submitted, are very unique and any sentence must be tailored to the particular offender before the court. The terms of the conditional sentence order are strict in this case and they will serve, in my view, as an effective deterrent.[23] For the reasons I have expressed with respect to your guilty plea on Count 1 of the indictment, I sentence you to two years less a day conditional sentence order followed by a three-year probation order
  2. R. v. Horvath, 2024 BCSC 1323 Court decision, Courts of British Columbia

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