Possession of a Schedule I or II substance for the purpose of trafficking, Operation while prohibited, Resisting or obstructing a peace officer
R. v. McIntosh
Sentence and the Crown's position
What the law allows
David Lee Junior McIntosh pleaded guilty to possession of fentanyl, methamphetamine and cocaine for the purpose of trafficking, resisting or obstructing a police officer, and operating a motor vehicle while prohibited, arising from a January 2023 traffic stop in the Vernon area. Crown and defence jointly proposed 1,640 days; Justice Wilson accepted the joint submission and imposed four and a half years, less 689 days of pre-sentence credit, leaving 951 days to serve. The judge noted the sentence was above the first-offender range because of his prior record, and credited the rehabilitative steps he had taken in custody.
In the judge's words
1The sentencing position of four-and-a-half years is above the range that the Court of Appeal said would apply for first-time offenders in the Smith case. Indeed, it is reasonable to expect that the sentence would be above the range in Smith because Smith was for first-time offenders and Mr. Mcintosh is not a first-time offender.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2))
- Operation while prohibited (CC 320.18(1))
- Resisting or obstructing a peace officer (CC 129(a))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Reinhart
Defence: M.S. Lowe
Sources
- R. v. McIntosh, 2024 BCSC 876 Court decision, CanLII, May 9, 2024
[11] The joint submission for sentence is one of 1,640 days, being four-and-a-half years. He is entitled to credit of 459 actual days which is 689 days of credit, leaving 951 days remaining according to the joint submission.
[11] The joint submission for sentence is one of 1,640 days, being four-and-a-half years. He is entitled to credit of 459 actual days which is 689 days of credit, leaving 951 days remaining according to the joint submission.
[2] By way of background in this matter, Mr. Mcintosh has pleaded guilty to three counts.
[14] The sentencing position of four-and-a-half years is above the range that the Court of Appeal said would apply for first-time offenders in the Smith case. Indeed, it is reasonable to expect that the sentence would be above the range in Smith because Smith was for first-time offenders and Mr. Mcintosh is not a first-time offender.
[18] In all of the circumstances, I am satisfied that the joint submission is appropriate. Mr. Mcintosh, I am therefore sentencing you to four-and-a-half years. Four-and-a-half years is the sentence on Count 1, 45 days concurrent on Count 5, and 60 days concurrent on Count 6. … [26] THE COURT: 1,640 days was what Ms. Reinhart told me was the full sentence and there is 951 days remaining to serve on it. [27] CNSL M. LOWE: Yes. So that would be applying 689 days of pretrial custody, correct? [28] THE COURT: Yes.
- Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
- R. v. McIntosh, 2024 BCSC 876 Court decision, Courts of British Columbia