Trafficking in a Schedule I or II substance, Possession of a Schedule I or II substance for the purpose of trafficking, Trafficking or possession for trafficking (Schedule IV substance)

R. v. M.K.T.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed3 years and 8 months in prison (1,338 days), less 173 days' credit for pre-sentence custody1
122 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed1338 days in custody
Defence asked3 years in custody
For trafficking in a Schedule I or II substance (CDSA 5(1)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

The offender pleaded guilty to one count of trafficking cocaine and five counts of possession for the purpose of trafficking (cocaine, MDMA, MDA, ketamine and benzodiazepine) in Port Alberni, including sales to young teenagers. The Crown sought four years; the defence proposed three years. Justice Matthews imposed three years and eight months on the lead count with concurrent three-year terms, finding that trafficking to children called for a strongly denunciatory sentence that rehabilitation did not displace, and gave 173 days' credit for pre-sentence custody.

In the judge's words

I do not find rehabilitation to be a factor that significantly displaces the need for a sentence that is strongly denunciatory and will act as a specific and general deterrent in these circumstances.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
On bail1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: J. Rutherford
Defence: C. Hodson

Sources

  1. R. v. M.K.T., 2025 BCSC 781 Court decision, CanLII, April 7, 2025[39] The Crown seeks a sentence of four years in imprisonment on Count 7, possession of cocaine for the purpose of trafficking, and three years on each of the other counts served concurrently.[40] Mr. … agrees with the Crown that the appropriate range is two to four years for Count 7 but submits that the fit sentence in this case is three years' imprisonment on that count with the other counts being served concurrently.[68] Mr. … did not comply with his release conditions after his 2021 arrest and returned to offending.[62] Mr. …'s lack of criminal record is mitigating as is his young age at the time of offending and the fact that he has family support.[75] … I do not find rehabilitation to be a factor that significantly displaces the need for a sentence that is strongly denunciatory and will act as a specific and general deterrent in these circumstances.[76] Taking all of this into account, I impose a sentence of three years and eight months on Count 7 and three years on each of Counts 1, 9, 10, 11, and 13 to be served concurrently. … This sentence equates to 1,338 days. Based on the submissions of Crown, to which the defence has indicated agreement, you have served 135 days which, at 1.5 credit for each day served, amounts to 203 days' credit. From that, 30 days is to be subtracted for a breach. leaving 173 days of credit for time served, leaving 1,165 further days to serve.
  2. R. v. M.K.T., 2025 BCSC 781 Court decision, Courts of British Columbia

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