Digest: R v Lichtenwald, 2018 SKQB 174

• Date: June 18, 2018

Reported as: 2018 SKQB 174

Docket Number: CRM 282/16 JCS , QB17564

Court: Court of Queen's Bench

Date: 2018-06-18

Judges:

• Smith

Subjects:

• Criminal Law � The Controlled Drugs and Substances Act � Possession for the Purpose of Trafficking � Sentencing

Digest: The accused was convicted of two charges of possession for the purpose of trafficking controlled substances including hydromorphone, methamphetamine, cocaine, fentanyl, gamma-hydroxybutyric acid contrary to s. 5(1) and s. 5(2) of the Controlled Drugs and Substances Act and to possession of proceeds from trafficking contrary to s. 354(1) and s. 355(b) of the Criminal Code. He was also charged with 10 counts related to firearms offences. The defendant�s criminal record began in 1998 and contained eight convictions for trafficking as well as other offences. The street value of the drugs seized was between $7,000 and $22,000. The Pre-Sentence Report indicated that the accused was not remorseful and was at high risk to reoffend. The Crown submitted that the accused should be sentenced to a global sentence of 12 years� imprisonment and the defence argued that that the accused should receive a six-year sentence as the accused was not part of a larger, more sophisticated organization. He trafficked in order to feed his own habit. His criminal record had stopped in 2005 until these charges arose.
HELD: The accused was sentenced to 10 years� imprisonment and given credit for two years� time served.

Federal Statutes Considered:

• Controlled Drugs and Substances Act, SC 1996, c 19, s 5(1) Controlled Drugs and Substances Act, SC 1996, c 19, s 5(2) Criminal Code, RSC 1985, c C-46, s 86(1) Criminal Code, RSC 1985, c C-46, s 88 Criminal Code, RSC 1985, c C-46, s 90 Criminal Code, RSC 1985, c C-46, s 91(1) Criminal Code, RSC 1985, c C-46, s 92(1) Criminal Code, RSC 1985, c C-46, s 92(2) Criminal Code, RSC 1985, c C-46, s 94(1)(a)(i) Criminal Code, RSC 1985, c C-46, s 95(1) Criminal Code, RSC 1985, c C-46, s 96(1) Criminal Code, RSC 1985, c C-46, s 109 Criminal Code, RSC 1985, c C-46, s 117.01(1) Criminal Code, RSC 1985, c C-46, s 354(1) Criminal Code, RSC 1985, c C-46, s 355(b)...