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Sentencing reasons in a fentanyl trafficking case where the court accepted a joint submission of 1,640 days, applied custody credit, and imposed ancillary orders.
Trial judgment on theft, drugs, weapons, and obstruction charges. The court convicted on theft, simple possession, and resisting arrest, but acquitted on trafficking, assault with a weapon, threats, and weapon-purpose charges.
On the totality of the circumstantial evidence the court drew the only rational inference to be drawn: Ms Frost and Mr Charter were engaged in a joint enterprise trafficking cocaine. Items demonstrating knowledge and control included cocaine packaged in dime bags and a wooden box in Frost’s purse with her identification present, a scale with residue and a scoresheet in the living room, a duffel bag in the master bedroom containing Charter’s identification together with multiple dime bags of cocaine, and a large block of cocaine in the dresser adjacent to Charter’s bag. Expert opinion corrobor…
Source excerpt
The offender conducted mid‑level cocaine trafficking with significant cash proceeds, warranting a multi‑year sentence, but his strong personal mitigation and lack of record required reducing the aggregate sentence under the principle of totality to a fit and proportionate total of three years; thus impose two years on the cocaine trafficking offence, 60 days concurrent on the marijuana offence, and one year consecutive for possession of proceeds of crime.
Source excerpt
The court held police had objectively reasonable and probable grounds to arrest Johnny Joshua Uy for drug offences, so the arrest and search incident to arrest were lawful.
Sentencing reasons in R. v. Chia, 2014 BCSC 1955, for cocaine trafficking, cocaine possession and a loaded restricted firearm, with concurrent custodial terms and ancillary orders.
The court imposed a six-month conditional sentence, 12 months’ probation, a two-year driving prohibition, and forfeiture of drug paraphernalia after guilty pleas to dangerous driving, drug possession, and evading police.
Appeal from sentence for methamphetamine and firearms offences. The Court held the prior record was overstated, applied totality, and reduced the effective sentence to seven years eight months.
The Court of Appeal increased a cocaine importer’s sentence from 10 to 12 years, holding he was a corrupt insider whose airport access heightened culpability.
The Court of Appeal for British Columbia allowed the Crown appeal, set aside Richard Edgar Graham’s conviction for cocaine trafficking, and ordered a new trial.
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