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The court sentenced Milad Faud Herbert to two years plus one day for trafficking fentanyl, imposed a 10-year firearms ban and DNA order, and waived the victim fine surcharge.
The Court of Appeal reduced a custodial sentence from 10 to 9 months after finding the sentencing judge departed from a joint submission without adequate basis. The probation condition was upheld, with clarified wording.
Sentencing decision for drug trafficking offences involving methamphetamine and carfentanil, with concurrent terms of 12 months and four years, plus ancillary orders.
Leave granted; sentencing judge correctly reduced the Pharmacy Solutions sentence to 24 months for totality based primarily on unusually strong rehabilitative evidence but erred in making that reduced 24‑month sentence concurrent with the unexpired Hayloft sentence without proper s.718.3(4) consideration and adequate balancing of denunciation/deterrence; court set aside concurrency and ordered the reduced 24‑month sentence to be served consecutively to the Hayloft sentence; lifetime firearms prohibition upheld as a valid discretionary order despite errors about its mandatory status.
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Sentencing reasons in a fentanyl trafficking case. The court rejected a suspended sentence, imposed 26 months' imprisonment, probation, a firearms ban, and a DNA order.
The Court of Appeal for British Columbia quashed a s. 109 firearms prohibition order imposed after a guilty plea for fire damage to a snow groomer, and granted an extension of time to appeal.
Sentencing decision in R. v. Orr imposing a four-year global sentence, 21.5 months of pretrial custody credit, and statutory DNA and firearms orders.
Sentencing reasons for low-level Schedule I drug trafficking, with jail, probation, DNA, forfeiture, and a firearms prohibition imposed after credit for pre-sentence custody.
The court accepted the parties' true joint recommendation for a global sentence of 36 months after applying s.718 objectives and s.718.2(a) factors, finding significant aggravation in the offender's lengthy criminal record and some mitigation in the guilty pleas and demonstrated remorse; the joint recommendation was supported by comparable authorities and factual circumstances, and ancillary orders for DNA, a seven year firearms prohibition, a three year driving prohibition and victim fine surcharge were appropriate and imposed.
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The court accepted the joint recommendation of experienced counsel and imposed three years custody as an appropriate sentence; it ordered forfeiture of specified property including payment of $15,000, revoked the restraint order as to released property, and imposed the mandatory firearms prohibition under s.109; charges against Ms. Butler and other matters solely involving Dunphy were withdrawn while indictments with co-accused remain in place.
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