Accused pleaded guilty to possession of fentanyl and MDMA for the purposes of trafficking, as well as a proceeds of crime charge. Accused was 33 with no prior criminal record, and had family support and a positive PSR. Significant amount of fentanyl (65g at street value of approximately $43,688).

Held: 6.5 years’ jail.

Case law regarding sentencing for fentanyl offences reviewed. “Even in absence of an ABCA starting point decision on possession for the purpose of trafficking fentanyl, there is sufficient guidance in the current cases to show that the Crown’s position of 7.5 years for Mr. Adams’ offences is worthy of consideration and supportable.” The dangerousness of the substance at issue and volume of fentanyl were significant aggravating factors, with denunciation and deterrence paramount. 6.5 years for the fentanyl offence; 3 years concurrent for the MDMA charge, and 1 year concurrent for possession of proceeds of crime.

S. Moore – Defence Counsel