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

R. v. Marchant

Sentence and the Crown's position

Crown asked15 months in custody1
Judge imposed15 months imprisonment, no probation1

What the law allows

MaximumLife imprisonment
Crown asked15 months in custody
Judge imposed15 months in custody
Defence asked18 months conditional sentence
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.

Shane Timothy Marchant pleaded guilty to possessing cocaine and methamphetamine for the purpose of trafficking from his Langley home in 2020, while he was serving a conditional sentence. The Crown sought 15 months in custody and the defence an 18-month conditional sentence followed by probation. Justice Bantourakis imposed 15 months imprisonment, finding a conditional sentence unsuitable because the earlier conditional sentence had not deterred him.

In the judge's words

Mr. Marchant was, of course, subject to a CSO and effectively under house arrest when he committed this offence and it did not deter him.

1

The record

Prior convictions
Not recorded
At the time of the offence
On probation1
Defence asked for
18 months conditional sentence1
Appeal
Not yet checked
Counsel
Crown: D. Cui
Defence: D. Schultz

Sources

  1. R. v. Marchant, 2025 BCSC 383 Court decision, CanLII, February 7, 2025[17] The Crown submits that the appropriate sentence for Mr. Marchant is 15 months incarceration.[18] The defence submits that Mr. Marchant ought to serve his sentence under strict conditions in the community, and proposes that the Court impose an 18‑month conditional sentence followed by 12 or 18 months probation.[1] THE COURT: On September 24, 2024, Mr. Marchant pleaded guilty to unlawfully possessing cocaine and methamphetamine for the purposes of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 ["CDSA"] which was Count 2 on a five‑count indictment.[2] … At the time, he was subject to an 18‑month conditional sentence order ("CSO") with house arrest conditions and an exception to leave for work at a welding company between the hours of 9:00 a.m. and 5:00 p.m.[31] Mr. Marchant was, of course, subject to a CSO and effectively under house arrest when he committed this offence and it did not deter him.[36] … Accordingly, I sentence you to 15 months imprisonment.
  2. R. v. Marchant, 2025 BCSC 383 Court decision, Courts of British Columbia

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