Possession of a Schedule I or II substance for the purpose of trafficking, Unauthorized possession of a firearm
R. v. Marshall
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Kyla Susan Marshall was convicted after trial of five counts of possession of fentanyl, methamphetamine, cocaine and other drugs for the purpose of trafficking, and of unauthorized possession of a restricted firearm. The Crown sought a global sentence of seven years and the defence three years. Justice Hughes imposed six years imprisonment on all counts concurrently, less 537 days credit for pre-trial custody, finding a sentence at the upper end of the range for mid-level fentanyl trafficking was required.
In the judge's words
1This sentence serves to denounce Ms. Marshall's conduct and to deter her and other like-minded individuals from engaging in this type of harmful behaviour in the future. The sentence also serves to reflect the gravity of Ms. Marshall's offences, her moral blameworthiness, and the aggravating presence of the firearm, while bearing in mind Ms. Marshall's recent efforts towards rehabilitation and the need for restraint.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 5 counts)
- Unauthorized possession of a firearm (CC 91(1))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: E.J. Weisenburger
Defence: B. Movassaghi
Sources
- R. v. Marshall, 2026 BCSC 1686 Court decision, CanLII, August 27, 2026
[36] The Crown submits that a global sentence of seven years incarceration less time served in pre-sentence detention is appropriate in this case given Ms. Marshall's involvement in mid-level drug trafficking in fentanyl, methamphetamine, and cocaine, and the presence of a firearm.
[39] The defence's position evolved over the course of the sentencing hearing, but as I understand counsel's submissions, the defence submits that a global custodial sentence of three years for all offences served concurrently is appropriate.
[1] The accused, Kyla Susan Marshall, is before the Court today to be sentenced for convictions on five drug offences and one firearm offence.
[130] This sentence serves to denounce Ms. Marshall's conduct and to deter her and other like-minded individuals from engaging in this type of harmful behaviour in the future. The sentence also serves to reflect the gravity of Ms. Marshall's offences, her moral blameworthiness, and the aggravating presence of the firearm, while bearing in mind Ms. Marshall's recent efforts towards rehabilitation and the need for restraint.
[127] This results in a total global sentence of six years or 2,190 days. … [128] I must also factor into that sentence the credit for your pre-trial custody. I have determined that you are entitled to credit for 352 days in custody. A rate of 1.5 to 1, this yields a total credit of 537 days.
- Criminal Code, s. 91 Record, Justice Laws Website
- R. v. Marshall, 2026 BCSC 1686 Court decision, Courts of British Columbia