Distribution of cannabis, Trafficking or possession for trafficking (Schedule III or V substance)

R. v. De Castro

Sentence and the Crown's position

Crown asked18 months in custody1
Judge imposed12 months' imprisonment on each count, concurrent; no probation1
175 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked18 months in custody
Judge imposed1 year in custody
For distribution of cannabis (CA 9(1)), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 7% of the maximum. Read the section.

Roberto De Castro pleaded guilty to possession of psilocybin and LSD for the purpose of trafficking and possession of cannabis for the purpose of distribution, from an organized operation in Kelowna that sold to adolescents. The Crown sought 18 months' imprisonment and the defence asked for a conditional sentence. Justice Hewson imposed 12 months' imprisonment on each count, concurrent, finding that the scale of the operation and the sales to young people required denunciation and general deterrence that house arrest would not provide.

In the judge's words

In this case, the scale and sophistication of the trafficking operation and the involvement of youth require denunciation and general deterrence. The public must see and understand that those who operate drug‑trafficking businesses--particularly those who sell drugs to adolescents--will face jail time.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: J.M. Le Dressay
Defence: W. Jenson

Sources

  1. R. v. De Castro, 2025 BCSC 1858 Court decision, CanLII, September 5, 2025[2] The Crown seeks a custodial sentence of 18 months' imprisonment.[7] There are no mandatory minimum sentences prescribed for any of the three offences committed by Mr. De Castro.[1] … Mr. Roberto De Castro has pleaded guilty to three offences on that indictment.[22] There are also mitigating features. Mr. De Castro has no prior record.[29] … In this case, the scale and sophistication of the trafficking operation and the involvement of youth require denunciation and general deterrence. The public must see and understand that those who operate drug‑trafficking businesses--particularly those who sell drugs to adolescents--will face jail time.[35] Having considered your circumstances and the seriousness of the crimes you committed, the case authorities provided and the principles of sentencing, I am satisfied that a fit sentence is 12 months' imprisonment on each count concurrent. There will be no probation order.
  2. R. v. De Castro, 2025 BCSC 1858 Court decision, Courts of British Columbia

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