Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a controlled substance
R. v. B.E.D.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of two counts of possession of fentanyl and heroin/fentanyl for the purpose of trafficking and one count of simple possession of methamphetamine, arising from a 2019 arrest in Vernon. The Crown sought 24 months; the defence sought nine to 18 months. Justice Ross imposed 18 months' imprisonment, deemed served by 695 days of pre-sentence credit, citing totality with a recent 20-month sentence and reduced moral culpability from a difficult upbringing.
In the judge's words
1On the principle of totality, I am specifically taking into account the sentence imposed by Justice Ker of 20 months, imposed in November 2023.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 2 counts)
- Possession of a controlled substance (CDSA 4(1))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 9 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Reinhart
Defence: C. Johnson
Sources
- R. v. B.E.D., 2024 BCSC 1886 Court decision, CanLII, April 5, 2024
[7] For the context of my discussion below, I note that the Crown seeks a period of incarceration of 24 months, less credit for time served.
The defence seeks a custodial sentence of nine to 18 months, less credit for time served. … [35] However, I do not accept the submission of the defence that the appropriate sentence is in the range of nine to 12 months.
[34] the principles of totality and moral culpability. On the principle of totality, I am specifically taking into account the sentence imposed by Justice Ker of 20 months, imposed in November 2023.
[37] … I impose upon you a sentence of 18 months' imprisonment. That is equivalent to a period of 540 days. You are entitled to credit for time served. There is agreement between Crown and defence that the amount of credit is 695 days, based upon 1.5 times the time served.
- R. v. B.E.D., 2024 BCSC 1886 Court decision, Courts of British Columbia