Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Marchant
Sentence and the Crown's position
What the law allows
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
1Mr. Marchant was, of course, subject to a CSO and effectively under house arrest when he committed this offence and it did not deter him.
The record
Sources
- 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.
- R. v. Marchant, 2025 BCSC 383 Court decision, Courts of British Columbia