Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Cade, Ceal, and Whaling
Sentence and the Crown's position
Crown asked40 months in custody1
Judge imposed38 months in jail on each of three counts, concurrent: 38 months total1
60 days less custody than the Crown asked
What the law allows
MaximumLife imprisonment
Crown asked40 months in custody
Judge imposed38 months in custody
Defence asked2 years less a day conditional sentence
After a trial, Marshall Luther Cade was convicted of three counts of possessing cocaine, methamphetamine and fentanyl for the purpose of trafficking from a Prince George apartment. The Crown sought 40 months in jail; the defence proposed a conditional sentence of 24 months less a day. Justice Crerar imposed 38 months on each count, concurrent, finding that given Mr Cade's lack of remorse and insight only a custodial sentence would achieve denunciation and deterrence.
In the judge's words
1In these circumstances, only a custodial sentence will achieve the primary goals of denunciation and deterrence for drug offences.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 3 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: R.J.M. Yalowsky
Defence: J.V. Myers
Sources
- R. v. Cade, Ceal, and Whaling, 2024 BCSC 456 Court decision, CanLII, March 22, 2024
[61] The Crown seeks 40 months' jail for each of the three counts against Mr Cade, to be served concurrently.
[62] Mr Cade submits that a fit sentence would be a period of imprisonment of 24 months less a day, to be served in the community by way of a conditional sentence order ("CSO"), followed by a two-to-three-year period of probation with terms focused on confirmation of compliance, as well as rehabilitation.
[3] Mr Cade was found guilty of three charges: unlawfully possessing cocaine (186 grams), methamphetamine (135 grams), and fentanyl (11 grams) for the purpose of trafficking.
[65] As with Mr Ceal, the Crown does not allege prior convictions for Mr Cade. … But for your lack of a criminal record, and your personal circumstances, the sentence would have been higher.
[157] … In these circumstances, only a custodial sentence will achieve the primary goals of denunciation and deterrence for drug offences.
[158] Mr Cade, please stand. Based on the considerations I have reviewed in these reasons, including the seriousness of your offences, your own circumstances, and sentences imposed in similar cases, and the principles of sentencing, I sentence you to 38 months in jail for each of the three charges of which you have been found guilty, to be served concurrently: that is, 38 months total.
- R. v. Cade, Ceal, and Whaling, 2024 BCSC 456 Court decision, Courts of British Columbia