Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Johnson
Sentence and the Crown's position
What the law allows
Derek Thomas Johnson pleaded guilty to possession of fentanyl for the purpose of trafficking after police found about 93 grams of fentanyl in two backpacks in Penticton. The Crown sought 30 months in jail and the defence sought a conditional sentence. After a Gardiner hearing, Justice Wilson rejected his account that he had stolen the drugs, found he was a low- to mid-level trafficker, and imposed 20 months of imprisonment, saying the sentence would have been longer but for his efforts to become sober.
In the judge's words
1I conclude that a conditional sentence order would not meet society's interest in the sentencing principles of denunciation and deterrence which are paramount for drug offences. Mr. Johnson was in the business of selling drugs and he was aware that what he was selling was fentanyl.
The record
- Convicted of
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: J.M. Le Dressay
Defence: N. Selamaj
Sources
- R. v. Johnson, 2024 BCSC 2195 Court decision, CanLII, September 27, 2024
[5] The Crown argues that this would suggest Mr. Johnson was at the mid‑level range of traffickers, and thus different from a low‑level dealer or street dealer who was selling drugs solely to fund a habit. The Crown seeks a jail sentence of 30 months, consistent with low‑level or mid‑level trafficking motivated by profit.
[1] THE COURT: These are my reasons following Mr. Johnson's sentencing hearing. He previously pleaded guilty to possession of fentanyl for the purposes of trafficking.
[72] Since I have rejected Mr. Johnson's explanation as to why he had the drugs in his possession, I now turn to the question of determining a fit sentence. I conclude that a conditional sentence order would not meet society's interest in the sentencing principles of denunciation and deterrence which are paramount for drug offences. Mr. Johnson was in the business of selling drugs and he was aware that what he was selling was fentanyl.
[79] Mr. Johnson, please stand. I sentence you to a term of imprisonment of 20 months. … [80] By my calculations and the information I have, Mr. Johnson has credit for 68 actual days, which would be 102 days of enhanced credit. … [100] THE COURT: That is 600 days less the credit.
- Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
- R. v. Johnson, 2024 BCSC 2195 Court decision, Courts of British Columbia