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

R. v. Mercieca

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposed2 years' imprisonment1

What the law allows

MaximumLife imprisonment
Crown asked2 years in custody
Judge imposed2 years 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.

Helen Marie Mercieca pleaded guilty to possession of one kilogram of methamphetamine for the purpose of trafficking, which she drove to Quesnel to sell. The Crown sought a two-year jail sentence and the defence asked for a conditional sentence. Justice Greenwood imposed two years' imprisonment, finding that a conditional sentence would not meet the need for deterrence given kilo-level trafficking into a smaller community and her history of non-compliance with court orders.

In the judge's words

Apart from the practical difficulties that arise, in my view, a CSO in these circumstances would not adequately address the need for a deterrent sentence, in light of the many aggravating factors and the kilo‑level trafficking. It is particularly aggravating that this offence involved trafficking a large quantity of methamphetamine to Quesnel, a smaller community where the effects of a kilo of methamphetamine would have been felt acutely.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: C. Choi
Defence: E. Ariaee

Sources

  1. R. v. Mercieca, 2025 BCSC 1974 Court decision, CanLII, September 24, 2025[2] The Crown position is that a two‑year jail sentence would appropriately reflect the need for a deterrent sentence and the personal circumstances of Ms. Mercieca, and that a conditional sentence order would not be a proportionate sentence in the circumstances.[1] THE COURT: On June 6, 2025, Ms. Mercieca entered a guilty plea to one count of possession of methamphetamine for the purposes of trafficking[47] Apart from the practical difficulties that arise, in my view, a CSO in these circumstances would not adequately address the need for a deterrent sentence, in light of the many aggravating factors and the kilo‑level trafficking. It is particularly aggravating that this offence involved trafficking a large quantity of methamphetamine to Quesnel, a smaller community where the effects of a kilo of methamphetamine would have been felt acutely.[53] Ms. Mercieca, I am going to ask you to please stand. For the offence of possession for the purpose of trafficking to which you have pled guilty, I sentence you to a period of imprisonment of two years.
  2. Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
  3. R. v. Mercieca, 2025 BCSC 1974 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.