Drug Trafficking, Schedule I, Opiates (Sentencing Cases)

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Case Name	Prov.	Crt.	Sentence	Drug / Quant.	Summary
R v Nelson, 2021 BCCA 192 (CanLII), per Abrioux J	11 years			{{{5}}}	{{{6}}}
R v Naccarato, 2017 BCSC 645 (CanLII), per Pearlman J	suspended sentence	58.3 grams heroin laced with fentanyl		{{{5}}}	{{{6}}}
R v Lee, 2017 BCPC 37 (CanLII), per Rideout J	6 months imprisonment	235 g heroin 431.72 g cocaine		{{{5}}}	{{{6}}}
R v Fyfe, 2017 SKQB 5 (CanLII), per Danyliuk J	5 years, 30 days (global) 2.5 years (fentanyl) x 2			{{{5}}}	{{{6}}}
R v McCormick, 2017 BCPC 22 (CanLII)	16 years	30,000 fentanyl pills	"the offender was sentenced to a total of 16 years in custody, reduced to 14 years on application of the totality principle, on two separate Informations, one stemming from offences committed in January and February 2015, and one stemming from offences committed in May 2016. The drugs involved were of huge volumes. They included something in the range of 30,000 fentanyl pills. The value of the drugs far exceeded that of the drugs found in Mr. Shah's home. The offender in McCormick was 53 years old at the time of sentencing. He had a drug and alcohol problem and a serious related criminal record. The sentencing judge characterized him as an entrenched drug trafficker, and noted that there was very little evidence of any prospect for his rehabilitation." [1]	{{{5}}}	{{{6}}}
R v Castro, 2016 NWTSC 8 (CanLII)	6 years		"the offender pleaded guilty to three separate counts of possession of fentanyl, cocaine, and marihuana, all for the purpose of trafficking. The offence date was April 2015. In what was described as a "wholesale commercial operation", the offender had large amounts of drugs including, among others, 593 fentanyl pills. The court noted the level of sophistication and the fact that the offender was on probation for a similar offence at the time as aggravating circumstances. The guilty plea was viewed as a very significant mitigating factor. A total sentence of six years' incarceration was imposed." [2]	{{{5}}}	{{{6}}}
R v Sihota, 2016 BCPC 410 (CanLII), per Gouge J	6 months imprisonment	42.7 grams	The Judge also made a DNA Order and s. 109 Weapons Prohibition Order	{{{5}}}	{{{6}}}
R v Aujla, 2016 ABPC 272 (CanLII), per Van Harten J	7 years (global) 7 years (fentanyl) 5 years (heroin) 4 years (cocaine and Meth) 1 year (proceeds) 3 months (body armour)		The offender was convicted at trial of trafficking drug, possession of body armour and possession of proceeds of crime. [per Van Harten PCJ]	{{{5}}}	{{{6}}}
R v Healey, 2016 CanLII 26778 (NL PC), per Orr J	1 year (poss'n to traffick) 6 years (robbery)		The offender pleaded guilty to robbery with a mask and possession of Sch I drugs (codeine, morphine, hydromorphone, and methylphenidate).	{{{5}}}	{{{6}}}
R v DiBenedetto, 2016 ONCA 116 (CanLII), per curiam			"the accused was sentenced after trial to 3 years for possession of 409.89 grams of heroin for the purpose of trafficking. His sentence was raised to 6 years on appeal."	{{{5}}}	{{{6}}}
R v Fitzsimmons, 2016 ONCA 107 (CanLII), per curiam	2 years imprisonment	213 OxyNeo and 7 Cesamet pills	Offender brought pills to detention centre and had pills hidden on her. She was convicted at trial for possession for the purpose.	{{{5}}}	{{{6}}}
R v Taylor, 2013 NLCA 42 (CanLII), per White JA (2:1)	15 months imprisonment		Penitentiary guard smuggles in 31 oxycodone pills; 38 morphine pills; less than 100 grams of marihuana; 3 ecstasy pills; 5 clonazepam pills; 48 other prescription pills; tobacco; a lighter; a cell phone charger and rolling papers	{{{5}}}	{{{6}}}
R v King, 2013 ONCA 417 (CanLII), per Epstein JA	42 months imprisonment	500 oxy pills	Offender worked in doctor's office. She forged prescriptions at request of brother.	{{{5}}}	{{{6}}}
R v Bonnie, 2013 ONCJ 243 (CanLII), per Zisman J	2 months (marijuana) 8 months (oxycodone)			{{{5}}}	{{{6}}}
R v Grammatikos, 2013 MBQB 44 (CanLII), per McKelvey J	2 year CSO			{{{5}}}	{{{6}}}
R v Ducharme, 2013 MBPC 1 (CanLII), per Curtis J	12 months imprisonment	42 gr morphine	smuggling drugs into a prison	{{{5}}}	{{{6}}}
R v Leung, 2012 ABPC 158 (CanLII), per Semenuk J	3 years imprisonment	600 x 80 milligram Oxycodone tablets	also sentenced on 7.1 g crack cocaine (1 year)	{{{5}}}	{{{6}}}
R v Lee, 2012 BCPC 169 (CanLII), per Blake J	9 months imprisonment	.44 g	also convicted of poss'n of <5g of cocaine -- part of dial a dope operation	{{{5}}}	{{{6}}}
R v Giammarco, 2012 CanLII 11239 (ON SC), per Hourigan J	5 to 6 years	3.5 kg	heroin trafficking	{{{5}}}	{{{6}}}
R v Hernandez, 2012 BCSC 238 (CanLII), per Russell J	6 months imprisonment	4 g heroin		{{{5}}}	{{{6}}}
R v Roche, 2011 CanLII 77682 (NL PC), per Hyslop J	25 months imprisonment	654 Oxycontin pills		{{{5}}}	{{{6}}}
R v Taromi, 2010 ONCJ 304 (CanLII), per Bovard J	2 years less a day CSO		two counts of trafficking heroin	{{{5}}}	{{{6}}}
R v Breau, 2004 NBPC 22 (CanLII), per Ferguson J	2 months (poss'n, hydro/oxy) 10 months (poss'n for trafficking, hydro) breach undertaking (2 months)		The offender's residence was subject to a search where he was found injecting drugs. Later, he was being watched by police which resulted in a second search and arrest for breach and possession for purpose of trafficking.	{{{5}}}	{{{6}}}
R v Doiron, 2007 NBQB 79 (CanLII), per Léger J	12 mo CSO	10.2g cocaine and 99 hydromorphone tablets	no record; guilty plea	{{{5}}}	{{{6}}}
R v Domke, 2006 ABPC 252 (CanLII), per Allen J	5 years	large quantity of pills		{{{5}}}	{{{6}}}
R v Cormier, 2006 NBQB 54 (CanLII), per McLellan J	3 years	more than a "few pills"		{{{5}}}	{{{6}}}
R v Pechawis ,, 2005 SKPC 25 (CanLII), per Whelan J	18 month CSO			{{{5}}}	{{{6}}}
R v McIntyre, 2004 NBPC 14 (CanLII), per Ferguson J	18 mo after 2 mo remand			{{{5}}}	{{{6}}}
R v Breau, 2004 NBPC 22 (CanLII), per Ferguson J	10 mo	1 capsule of Oxycontin, 2 capsules of Hydromorphone and 8 capsules of Dilaudid		{{{5}}}	{{{6}}}
R v Whittaker, 2001 ABQB 601 (CanLII), per Lee J	4 years imprisonment		sold 50+ pills of hydromorphone in 4 transactions	{{{5}}}	{{{6}}}
R v Whittaker, 2001 ABQB 873 (CanLII), per Veit J	12 mo	2 tablets of hydromorphone	remand credit given	{{{5}}}	{{{6}}}
R v Knoll, 2001 ABQB 69 (CanLII), per Burrows J	2 years less a day CSO	41 pills of hydromorphone		{{{5}}}	{{{6}}}
R v Laliberte (M.R.), 2000 SKCA 27 (CanLII), 189 Sask.R. 190, per Vancise JA	12 mo CSO	12 dilaudids	sold to undercover	{{{5}}}	{{{6}}}
R v Chung, [2000] O.J.No. 3360 SCJ(*no CanLII links)			The offender "was found guilty after trial of possession of 92 grams of heroin for the purpose of trafficking. He had no prior criminal record. A sentence of 4 years was imposed."	{{{5}}}	{{{6}}}
R v Keepness, 2000 SKCA 28 (CanLII), per Vancise JA	12 mo CSO	2 dilaudids		{{{5}}}	{{{6}}}
R v Kappeler (F.G.), 1999 ABCA 100 (CanLII), (1998), 232 AR 302 (CA), per Sulatycky JA	40 months		sold two four milligram tablets of dilaudids to undercover officer	{{{5}}}	{{{6}}}