Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a prohibited or restricted weapon or prohibited device knowing possession is unauthorized
R. v. Hollaman
Sentence and the Crown's position
What the law allows
Kyle Hollaman was found guilty after trial of four drug possession counts involving fentanyl, heroin, cocaine and methamphetamine found in his home, and of possessing a taser as a prohibited device. The Crown and defence jointly proposed four years in a penitentiary. Justice Wilson accepted the joint submission and imposed four years, noting the fentanyl crisis and Mr. Hollaman's prior conviction for possession for the purpose of trafficking.
In the judge's words
1In other words, the question I must ask myself is not whether I would have come to the same outcome, but rather whether the sentence is appropriate. I conclude that it is, having regard to the caselaw, and I am satisfied that it falls within the range of reasonable outcomes, and therefore I am prepared to accede to the joint submission.
The record
Sources
- R. v. Hollaman, 2024 BCSC 385 Court decision, CanLII, February 23, 2024
[10] The parties in this matter seek a four‑year penitentiary sentence by way of joint submission.
[10] The parties in this matter seek a four‑year penitentiary sentence by way of joint submission.
Counsel for the Accused Kyle Hollaman:
[15] … In other words, the question I must ask myself is not whether I would have come to the same outcome, but rather whether the sentence is appropriate. I conclude that it is, having regard to the caselaw, and I am satisfied that it falls within the range of reasonable outcomes, and therefore I am prepared to accede to the joint submission.
[16] Mr. Hollaman, if you could please stand. I sentence you to four years of imprisonment. The sentence will be distributed as follows: there will be concurrent sentences of four years on Counts 3 and 4; concurrent sentences of three years on Counts 5 and 6; and a concurrent sentence of one year on Count 7, which is the taser, all of which sentences are to be served concurrently with one another.
- Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
- R. v. Hollaman, 2024 BCSC 385 Court decision, Courts of British Columbia