Possession of a Schedule I or II substance for the purpose of trafficking

R. v. Carlson

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposedTwo years plus one day in a federal penitentiary1
2 years less a day less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed731 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.

Dana Stanly Gordon Carlson was found guilty of possessing seven ounces of fentanyl for the purpose of trafficking, which he was paid $500 to deliver to Victoria. The Crown sought four years; the defence proposed a conditional sentence order or, alternatively, 12 months in jail. Justice Baird imposed two years plus one day in a federal penitentiary, emphasizing the low end of the range because of Mr. Carlson's age, minimal record and remorse, while finding a conditional sentence would not express the court's condemnation.

In the judge's words

A CSO would fail adequately to express the court's condemnation of Mr. Carlson's criminal misconduct, even though his role in the supply chain was limited to that of a courier or delivery driver.

1

The record

Prior convictions
1 prior conviction1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: T. Corsi
Defence: T. Spettigue

Sources

  1. R. v. Carlson, 2024 BCSC 496 Court decision, CanLII, February 23, 2024[16] … The Crown is seeking a sentence of four years.[8] Dana Stanly Gordon Carlson was born on November 18, 1974.[8] … His only involvement with the criminal justice system was in 2001 when he was convicted for driving over .08. He was fined $600 for that offence and prohibited from driving for one year. He has no other criminal convictions.[17] … A CSO would fail adequately to express the court's condemnation of Mr. Carlson's criminal misconduct, even though his role in the supply chain was limited to that of a courier or delivery driver.[28] I hereby order you serve a sentence of two years plus one day in a federal penitentiary.
  2. R. v. Carlson, 2024 BCSC 496 Court decision, Courts of British Columbia

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