R. v. Schneider

R. v. Schneider

Balancing denunciation and general deterrence against mitigating rehabilitative efforts, the court concluded that rehabilitation, while significant, did not outweigh the need for denunciation in fentanyl trafficking. A custodial sentence of 26 months was imposed with enhanced pre-sentence credit of 215 days...

Source-derived case information.

Citation
2019 BCSC 356
Parties
Crown: Regina; Accused: James Robert Schneider
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 January 2019
Procedural Posture
Criminal Trafficking (controlled Drugs and Substances Act S.5(1)) / Sentencing (oral Reasons)
Outcome
Accused sentenced to 26 months' imprisonment with 215 days pre-sentence credit (approx. 20 months to serve in provincial custody); upon release two years' probation; lifetime firearms prohibition; DNA order; Count 2 stayed.
Legal Topics
Trafficking, Fentanyl Epidemic, Rehabilitation, Denunciation and Deterrence, Pre Sentence Custody Credit, Ancillary Orders (firearms Ban, Dna)
Source Language
english
Criminal Law Controlled Drugs and Substances Act Sentencing Forensic DNA Orders Firearms Prohibition Trafficking Fentanyl Epidemic Rehabilitation +3 more

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Parties

Regina

Crown

James Robert Schneider

Accused

Procedural Posture

Criminal Trafficking (controlled Drugs and Substances Act S.5(1)) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether exceptional circumstances justified a non-custodial or suspended sentence
  2. 2 Appropriate length of custodial sentence for trafficking fentanyl-laced heroin
  3. 3 Pre-sentence custody credit calculation

Ratio Decidendi

Balancing denunciation and general deterrence against mitigating rehabilitative efforts, the court concluded that rehabilitation, while significant, did not outweigh the need for denunciation in fentanyl trafficking. A custodial sentence of 26 months was imposed with enhanced pre-sentence credit of 215 days (resulting in approximately 20 months to be served in provincial custody), followed by two years' probation with conditions; ancillary orders of a lifetime firearms prohibition under s.109 and a forensic DNA order under s.487.051 were made; Count 2 was stayed.

Court Disposition

Accused sentenced to 26 months' imprisonment with 215 days pre-sentence credit (approx. 20 months to serve in provincial custody); upon release two years' probation; lifetime firearms prohibition; DNA order; Count 2 stayed.

Orders

  • 26 months' imprisonment with 215 days credit (enhanced)
  • To serve sentence in the provincial system (approx. 20 months remaining after credit)