Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Unauthorized possession of a firearm
R. v. Kovacs
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Desiree Kovacs was convicted after trial of four counts of possession of fentanyl, carfentanil, methamphetamine and cocaine for the purpose of trafficking, possession of a prohibited firearm with readily accessible ammunition, possession of a firearm without a licence, and possession of a firearm contrary to a court order, after police searched a Kelowna drug house in June 2021. The Crown sought six years and the defence four years. Justice Hewson imposed a total of 1,800 days (36 months for the drug offences and 24 months consecutive for the firearm offences), less 384 days' credit for presentence custody, citing the dangerous substances and firearms on one side and her difficult childhood, remorse and record of community volunteer work on the other.
In the judge's words
1In this case, I conclude that the four drug trafficking counts sentences should be served concurrently as they arise from the same transaction. The three weapons related offences, however, are distinct in nature and should be served consecutively.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 4 counts)
- Possession of a loaded prohibited or restricted firearm (CC 95(1))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1))
- Unauthorized possession of a firearm (CC 91(1))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J.M. Le Dressay
Defence: P. McMurray
Sources
- R. v. Kovacs, 2025 BCSC 2190 Court decision, CanLII, October 17, 2025
[4] The Crown seeks a global sentence of six years' imprisonment, adjusted for totality.
[4] … The defence seeks a global sentence of four years' imprisonment.
[2] On Indictment 94017-6, Ms. Kovacs was found guilty of the following offences: four counts of possession of controlled substances for the purpose of trafficking; one count of possession of a prohibited firearm with readily accessible ammunition; and one count of possession of a prohibited firearm, being a modified flare gun.
[26] … In this case, I conclude that the four drug trafficking counts sentences should be served concurrently as they arise from the same transaction. The three weapons related offences, however, are distinct in nature and should be served consecutively.
[32] The total sentence then before the consideration of presentence custody is a sentence of 1,800 days. [33] Ms. Kovacs has served 256 days of presentence custody. She is entitled to credit of 384 days, which may be applied against the sentences to be served concurrently on Counts 1 through 4. [34] The remaining time to serve is 1,416 days.
- Criminal Code, s. 95 Record, Justice Laws Website
- R. v. Kovacs, 2025 BCSC 2190 Court decision, Courts of British Columbia