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

R. v. Peppin

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed2 years less a day conditional sentence (house arrest), less 16 days credit; 3 months concurrent on the marihuana count1
3 years 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

MaximumLife imprisonment
Crown asked3 years in custody
Judge imposed2 years less a day conditional sentence
Defence asked2 years less a day 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.

John Baptiste William Peppin pleaded guilty to trafficking 3 kilograms of cocaine and 44 pounds of cannabis in St. John's, Newfoundland and Labrador, in 2017. The Crown sought three years in custody. Justice LeBlanc imposed a conditional sentence of two years less a day, citing his Indigenous background factors, lack of a record, and seven years on bail conditions without incident.

In the judge's words

These are serious offences and the sentence that I intend to impose ought not be construed as diminishing the importance of deterrence and denunciation. However, incarcerating Mr. Peppin in a correctional facility would risk derailing the positive progress he has made and, in my view, would be counterproductive.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: M. A. Adams
Defence: N. Brooks

Sources

  1. R. v. Peppin, 2026 BCSC 1329 Court decision, CanLII, July 8, 2026[38] The Crown submits that to meet the principles of general denunciation and deterrence, a sentence of three years for Count 1 and one year for Count 2 (concurrent with Count 1) is required and appropriate, less credit for time served at the rate of 1.5 to 1.[43] Counsel on behalf of Mr. Peppin submits that the appropriate sentence is two years less a day to be served by means of a CSO in the community.[65] The offence for which Mr. Peppin has been convicted has no minimum term of imprisonment and I have found that a sentence of less than two years' imprisonment is a fit and proportionate sentence for Mr. Peppin.[1] Mr. Peppin pleaded guilty to trafficking cocaine ("Count 1") and trafficking marihuana ("Count 2") on November 16, 2017, contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].[6] Mr. Peppin is 47 years old. He does not have a prior criminal record.[74] These are serious offences and the sentence that I intend to impose ought not be construed as diminishing the importance of deterrence and denunciation. However, incarcerating Mr. Peppin in a correctional facility would risk derailing the positive progress he has made and, in my view, would be counterproductive.[77] On Count #1, for the offence of possession of cocaine for the purpose of trafficking contrary to s. 5(2) of the CDSA, I sentence you to two years less a day imprisonment to be served in the community by means of a CSO. … [79] Mr. Peppin is to be given credit of 16 days for pre-custody time served.
  2. R. v. Peppin, 2026 BCSC 1329 Court decision, Courts of British Columbia

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