This is a sentencing decision for a 24-year-old first offender who pleaded guilty to possession of fentanyl for the purpose of trafficking.
The defendant, a fentanyl addict, was intercepted delivering 15.6 grams of the drug on behalf of another person.
Despite the Crown seeking a penitentiary sentence of 4.5 years due to the severe harm caused by fentanyl, the court imposed a conditional sentence of two years less one day.
The judge found this to be an exceptional case, considering the defendant's guilty plea, lack of criminal record, successful rehabilitation efforts, strong family support, and status as a youthful first offender, which engaged the principle of restraint.
The decision applied the Supreme Court of Canada's ruling in R. v. Sharma, which made conditional sentences available for offences with maximum sentences of 10 years or more, and emphasized that denunciation and deterrence can be achieved through a punitive conditional sentence with house arrest and electronic supervision.
