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

R. v. Adams

Sentence and the Crown's position

Crown asked18 months in custody1
Judge imposed12 months jail (12, 12 and 6 months concurrent on three counts)1
175 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked18 months in custody
Judge imposed1 year in custody
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.

James Adams was convicted by a jury of possessing cocaine, MDMA and psilocybin for the purpose of trafficking in a dial-a-dope operation run from his Kelowna home. The Crown sought 18 months in custody; the defence sought a conditional sentence. Justice Wilson imposed 12 months' imprisonment, rejecting a conditional sentence because the trafficking was solely for financial gain, while finding the case was not at the top of the range given the quantities and drugs involved.

In the judge's words

I do not accept that a conditional sentence order would serve society's interests in terms of denunciation and deterrence. Mr. Adams chose to engage in drug trafficking solely for financial gain and there is nothing in his background that would suggest any reduced moral culpability.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: G. Hutchings
Defence: P.C. Armour

Sources

  1. R. v. Adams, 2026 BCSC 863 Court decision, CanLII, April 8, 2026[11] The Crown seeks an 18‑month custodial sentence.[1] THE COURT: Mr. Adams is before the court today for sentencing having been convicted of possession of cocaine, psilocybin and MDMA for the purposes of trafficking by a jury following trial.[8] Mr. Adams is currently 59 years-of-age and has no criminal record.[35] I do not accept that a conditional sentence order would serve society's interests in terms of denunciation and deterrence. Mr. Adams chose to engage in drug trafficking solely for financial gain and there is nothing in his background that would suggest any reduced moral culpability.[40] In the circumstances, I conclude a term of imprisonment of 12 months is appropriate, and that is the sentence I impose, 12 months' jail on Count 2, 12 months jail on Count 3, and six months jail on Count 1, all of which are to be served concurrently.
  2. Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
  3. R. v. Adams, 2026 BCSC 863 Court decision, Courts of British Columbia

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