Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Mercieca
Sentence and the Crown's position
What the law allows
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
1Apart 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.
The record
- Convicted of
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: C. Choi
Defence: E. Ariaee
Sources
- 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.
- Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
- R. v. Mercieca, 2025 BCSC 1974 Court decision, Courts of British Columbia