Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Cooke
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Zoran Cooke was found guilty of possession of cocaine for the purpose of trafficking after police found 37 grams of crack cocaine in a car during a dial-a-dope operation. The Crown sought 12 months in custody followed by probation, and the defence proposed eight to nine months. Justice Milman imposed 10 months' imprisonment followed by 12 months of probation, noting that Mr. Cooke's earlier sentence for trafficking had not deterred him.
In the judge's words
1In the case of Mr. Cooke, a further aggravating factor is his criminal record. His previous sentence of six and a half months for trafficking was insufficient to deter him. For that reason, his counsel does not dispute that a lengthier prison sentence is called for this time.
The record
Sources
- R. v. Cooke, 2024 BCSC 1481 Court decision, CanLII, August 2, 2024
[2] The Crown seeks custodial sentences against both of them, 12 months in the case of Mr. Cooke and nine months in the case of Mr. Otchere, with both of those terms followed by a period of 12 months' probation, including 40 hours of community service.
[3] Counsel for Mr. Cooke does not dispute that a custodial sentence is called for, but he submits that the appropriate term for him is eight-to-nine months, plus a period of probation.
[1] On April 24, 2024, I found Mr. Cooke and Mr. Otchere guilty of possession of cocaine for the purposes of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].
[13] … In 2009, when he was 21, he was convicted of possessing a prohibited firearm and failing on two occasions to comply with the terms of his recognisance. In 2014, he was convicted of drug trafficking and received a further 60 days after having already served 135 days, the equivalent of a six and a half-month sentence overall. In 2016, he was convicted of obstructing a police officer. In 2017, he was convicted of armed robbery and received a custodial sentence of 21 months and 15 days, followed by two years of probation.
[31] In the case of Mr. Cooke, a further aggravating factor is his criminal record. His previous sentence of six and a half months for trafficking was insufficient to deter him. For that reason, his counsel does not dispute that a lengthier prison sentence is called for this time.
[43] Mr. Cooke, please stand. I am sentencing you to a period of 10 months' imprisonment, followed by a 12-month period of probation.
- R. v. Cooke, 2024 BCSC 1481 Court decision, Courts of British Columbia