Dangerous operation of a conveyance, Possession of a controlled substance
R. v. Aragon-Martinez
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
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
1I 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.
The record
- Convicted of
- Dangerous operation of a conveyance (CC 320.13(1), 2 counts)
- Possession of a controlled substance (CDSA 4(1))
- 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
- 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.
- Criminal Code, s. 320.13 Record, Justice Laws Website
- R. v. Aragon-Martinez, 2026 BCSC 1304 Court decision, Courts of British Columbia