Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Jesswein
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Trevor Craig Jesswein pleaded guilty to possessing fentanyl and carfentanyl for the purpose of trafficking in Vernon in 2021. The Crown sought two years less a day in custody and the defence a conditional sentence of the same length. Justice Hardwick imposed a conditional sentence of two years less a day followed by 15 months of probation, citing the steps he had taken toward a prosocial life and sobriety since the offence.
In the judge's words
1Having considered the aggravating and mitigating factors in this case, I conclude that punitive conditions attached to a CSO will provide a sufficient level of denunciation and deterrence with respect to this offence and this offender, and that a CSO would be consistent with the purposes and principles of sentencing in ss. 718 to 718.2 of the Code.
The record
Sources
- R. v. Jesswein, 2025 BCSC 1104 Court decision, CanLII, May 9, 2025
[4] The Crown submits in this case I should impose a custodial sentence of two years less a day, less eight further days; five days of actual pretrial detention resulting in eight days with enhanced credit.
[5] Counsel for Mr. Jesswein strongly suggests a conditional sentence order ("CSO") of the same duration followed by a term of probation.
[2] On July 15, 2024, Mr. Jesswein pled guilty to the single count on the Indictment.
[67] Having considered the aggravating and mitigating factors in this case, I conclude that punitive conditions attached to a CSO will provide a sufficient level of denunciation and deterrence with respect to this offence and this offender, and that a CSO would be consistent with the purposes and principles of sentencing in ss. 718 to 718.2 of the Code.
[71] Balancing the relevant sentencing principles, I find that a CSO of two years less a day followed by 15 months of probation is a fit sentence. … [73] On the basis of the foregoing, Mr. Jesswein, you must comply with a CSO for a term of two years less eight days which, converted for correctional system purposes, is 721 days. That will be followed by a 15‑month probation order.
- R. v. Jesswein, 2025 BCSC 1104 Court decision, Courts of British Columbia