Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a weapon contrary to a prohibition order

R. v. Permes

Sentence and the Crown's position

Crown asked1096 days in custody1
Judge imposed3 years' imprisonment (2.5 years on the PPT counts plus 6 months consecutive for the crossbow), less 101 days' credit; lifetime s. 109 prohibition and forfeiture1

What the law allows

MaximumLife imprisonment
Crown asked1096 days in custody
Judge imposed1096 days in custody
Defence asked1096 days in custody
For possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Kyle Andrew Permes pleaded guilty to possessing fentanyl and methamphetamine for the purpose of trafficking and to possessing a crossbow while prohibited, after a search of his Kelowna residence. The Crown and defence made a joint submission for three years' imprisonment. Justice Fitzpatrick accepted the joint submission, imposing two and a half years on the drug counts and six months consecutive for the crossbow (1,096 days), less 101 days' credit for pre-sentence custody, noting the guilty plea and the harm caused by fentanyl.

In the judge's words

The obvious mitigating factor is Mr. Permes' guilty plea. The aggravating factors includes, of course, the matter of the fentanyl and the consequences of it in the community, which would support the primacy of the sentencing principles of denunciation and deterrence.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
1096 days in custody1
Appeal
Not yet checked
Counsel
Crown: J.M. Le Dressay
Defence: M.S. Lowe

Sources

  1. R. v. Permes, 2024 BCSC 397 Court decision, CanLII, February 5, 2024[18] The Crown and defence positions are put forward as a joint submission. … [20] Therefore, the overall sentence is 1,096 days.[18] The Crown and defence positions are put forward as a joint submission. … [20] Therefore, the overall sentence is 1,096 days.[1] THE COURT: The matter before the Court today is the sentencing of Kyle Andrew Permes with respect to two separate indictments.[23] The obvious mitigating factor is Mr. Permes' guilty plea. The aggravating factors includes, of course, the matter of the fentanyl and the consequences of it in the community, which would support the primacy of the sentencing principles of denunciation and deterrence.[30] The total sentence is three years or, as your counsel has calculated, 1,096 days. You will be given credit for pretrial custody of 101 days, which is your time in custody of 67 days with the usual one‑and‑a‑half‑day credit. That leaves a net sentence of 995 days of new time.
  2. R. v. Permes, 2024 BCSC 397 Court decision, Courts of British Columbia

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