Possession of a Schedule I or II substance for the purpose of trafficking, Unauthorized possession of a firearm
R. v. Dupray
- Below the Crown's ask
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
Justin Dupray was found guilty after trial of possession of cocaine for the purpose of trafficking and unauthorized possession of a restricted firearm, from a February 2021 search in Prince George. The Crown sought four years in custody; the defence sought a conditional sentence of two years less a day followed by two years of probation. Justice Ker imposed a conditional sentence of two years less a day, with a concurrent one-year conditional sentence on the firearm count, followed by three years of probation, citing his status as a youthful first offender and four and a half years in the community without incident.
In the judge's words
1Having considered the aggravating and mitigating factors in this case and balancing the relevant principles and objectives of sentencing, I am satisfied that punitive conditions attached to a CSO followed by the maximum period of probation will provide a sufficient level of denunciation and deterrence with respect to this offence and this offender.
The record
Sources
- R. v. Dupray, 2025 BCSC 1681 Court decision, CanLII, August 14, 2025
[4] The Crown contends that the global sentence to be imposed for this case should be four years imprisonment with three years imprisonment on count #1 (the PPT cocaine offence) and one year consecutive on the lesser included offence in count #2 (the unauthorized possession of a restricted firearm offence).
[5] The defence contends that a global sentence of two years less a day to be served by means of a conditional sentence order ("CSO") in the community followed by two years probation
[2] Justin David Dupray is before the Court for sentencing in respect of the charges for which I found him guilty on December 18, 2024.
[24] Mr. Dupray is currently 29 years old. He was 25 years old at the time of the offence. He has no prior convictions and is, ostensibly, a first offender.
[137] Having considered the aggravating and mitigating factors in this case and balancing the relevant principles and objectives of sentencing, I am satisfied that punitive conditions attached to a CSO followed by the maximum period of probation will provide a sufficient level of denunciation and deterrence with respect to this offence and this offender.
[141] On count #1, for the offence of possession of cocaine for the purpose of trafficking contrary to s. 5(2) of the CDSA, I sentence you to two years less a day imprisonment to be served in the community by means of a CSO followed by a probation order of three years duration. … [142] For the lesser included offence in count #2 being possession of a restricted firearm without a valid authorization, I sentence you to one year imprisonment to be served concurrent to the sentence on count #1, it too is to be served in the community by means of a CSO.
- R. v. Dupray, 2025 BCSC 1681 Court decision, Courts of British Columbia