R. v. Adams

R. v. Adams

The court imposed a global sentence of 38 months' imprisonment for all offences (14 months for the October 2014 offences including 2 months for Count 6 and 12 months for trafficking, plus 24 months consecutive for the April 15, 2016 fentanyl trafficking), applied pretrial custody credit of 30 months (resulting in 8...

Source-derived case information.

Citation
2017 BCSC 2529
Parties
Crown: Regina; Accused: Garnet Wayne Adams; Co Accused: Kiya Emily Ball; Co Accused: Anjanette Marie Du Temple
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 May 2017
Procedural Posture
Criminal Sentencing (controlled Drugs and Substances Act and Criminal Code) / Sentencing (oral Reasons)
Outcome
Accused convicted and sentenced
Legal Topics
Trafficking, Possession for the Purpose of Trafficking, Fentanyl, Sentencing Principles, Totality, Parity, Pretrial Custody Credit, Forfeiture, Ancillary Orders
Source Language
english
Criminal Law Sentencing Controlled Drugs and Substances Act Public Health Trafficking Possession for the Purpose of Trafficking Fentanyl Sentencing Principles +5 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Garnet Wayne Adams

Accused

Kiya Emily Ball

Co Accused

Anjanette Marie Du Temple

Co Accused

Procedural Posture

Criminal Sentencing (controlled Drugs and Substances Act and Criminal Code) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate sentence for trafficking offences involving fentanyl
  2. 2 Application of Smith (2017 BCCA 112) sentencing range to offence date
  3. 3 Totality and parity in consecutive sentences

Ratio Decidendi

The court imposed a global sentence of 38 months' imprisonment for all offences (14 months for the October 2014 offences including 2 months for Count 6 and 12 months for trafficking, plus 24 months consecutive for the April 15, 2016 fentanyl trafficking), applied pretrial custody credit of 30 months (resulting in 8 months of custody remaining), ordered forfeiture of specified exhibits, a DNA sample, lifetime weapons prohibition under s.109, and stays on specified counts; the sentence balanced Smith's guidance on fentanyl with totality, parity with co‑accused, the accused's record, and substantial pretrial custody.

Court Disposition

Accused convicted and sentenced

Orders

  • Global sentence of 38 months imprisonment for all offences
  • Pretrial custody credit of 30 months applied; eight months additional custody to be served