Dangerous operation of a conveyance, Possession of a controlled substance

R. v. Aragon-Martinez

Sentence and the Crown's position

Crown asked2 years and 6 months in custody1
Judge imposed2 years less a day conditional sentence, then 2 years probation; 4-year driving prohibition plus the CSO term1
2 years and 6 months less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum10 years
Crown asked2 years and 6 months in custody
Judge imposed2 years less a day conditional sentence
Defence asked9 months in custody
For dangerous operation of a conveyance (CC 320.13(1)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 20% of the maximum. Read the section.

Jivat Aragon-Martinez pleaded guilty to two counts of dangerous operation of a conveyance, including ramming two vehicles near Grand Forks and Nelson, and to possession of psilocybin. The Crown sought a global custodial sentence of two and a half to three years; the defence sought time served of nine months. Justice Lyster imposed a conditional sentence of two years less a day followed by two years of probation and a four-year driving prohibition, finding that residential treatment at Discovery House would best serve his rehabilitation.

In the judge's words

I am nonetheless going to impose a CSO that will see Mr. Aragon-Martinez reside at Discovery House, as I am persuaded that that will best serve his rehabilitation, and ultimately the public's interest in Mr. Aragon-Martinez returning to a productive, law-abiding life.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
9 months in custody1
Appeal
Not yet checked
Counsel
Crown: K. Schecter, C.-A. Pine, R.B. Smyth
Defence: D. McNamee

Sources

  1. R. v. Aragon-Martinez, 2026 BCSC 1304 Court decision, CanLII, July 10, 2026[54] The Crown submits that a fit global sentence would be in the range of two and half to three years.[59] The defence's primary position is that Mr. Aragon-Martinez should be sentenced to time served, amounting to nine months, a probation order for three years and a driving prohibition of no more than three years.[1] Jivat Aragon-Martinez is before the court for sentencing on information 27992-2.[72] Mr. Aragon-Martinez has no prior criminal record which, while not mitigating, does mean that he lacks an aggravating circumstance.[101] … I am nonetheless going to impose a CSO that will see Mr. Aragon-Martinez reside at Discovery House, as I am persuaded that that will best serve his rehabilitation, and ultimately the public's interest in Mr. Aragon-Martinez returning to a productive, law-abiding life.[102] Mr. Aragon-Martinez, please stand. I am imposing a sentence of six months on count 1, and 18 months less a day on count 2, those two sentences to be served consecutively. I am imposing a sentence of one day on count 5, to be served concurrently with count 2. All sentences are to be served in the community on a CSO amounting to a total of two years less a day. The CSO is to be followed by a probation order of two years.
  2. Criminal Code, s. 320.13 Record, Justice Laws Website
  3. R. v. Aragon-Martinez, 2026 BCSC 1304 Court decision, Courts of British Columbia

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