Vancouver Criminal Lawyer: Joel Whysall

The Facts:  Police conducted an undercover operation targeting dial-a-dope drug operation. Undercover officer purchasing heroin and fentanyl from passenger in vehicle driven by accused. Surveillance continued, and accused was observed carrying out 16 more transactions consistent with trafficking. Accused was arrested and was found to be in possession of 7.32 grams of crack and cocaine and 12 baggies, each containing .88 grams of heroin and fentanyl. Accused pleaded guilty to one count of trafficking in fentanyl and heroin.

Result: Sentence suspended with probation for three years. Accused’s circumstances were exceptional and justified sentence outside usual range of 18 to 36 months. Accused was a very young adult, had no criminal history, had been living pro-social life since offence at bar, was working part-time, and had taken employment training. Consideration was given to fact that accused’s motivation for offence was greed rather than addiction and that there were no unfortunate circumstances in his background. However, accused’s very young age carried greater weight than those factors.