What Are The Potential Penalties For Assault With A Weapon?
Penalties for possession range anywhere between a maximum of six months imprisonment (plus fines) to 7 years imprisonment, depending on:
- The substance possessed;
- Whether it was a first or subsequent offence; and
- How the Crown proceeded (summary conviction or indictment).
Penalties for trafficking drugs range from a maximum punishment of 1 year imprisonment up to life imprisonment, depending on:
- The substance(s) trafficked; and
- Whether the Crown proceeded by summary conviction or indictment (Schedule I and II offences are straight indictable).
There are mandatory minimum sentences in place where any of the following factors are present:
- Violence was used or threatened during the offence;
- A weapon was carried, used, or threatened in committing the offence;
- The accused had a previous conviction for a designated substance offence;
- The offence was committed near school grounds or a public place where people under the age of 18 frequent;
- The accused committed the offence in prison; and
- The accused used the services of someone under the age of 18.
Penalties for production of drugs range from 1 year imprisonment to life imprisonment, depending on:
- The substance produced;
- How the Crown proceeded (summary conviction or indictment); and
- Whether the substance was produced for the purpose of trafficking.
The following factors are also taken into account when sentencing for the offence of production of a Schedule I or II substance:
- The person used real property that belongs to a third party in committing the offence;
- The production constituted a potential security, health, or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
- The production constituted a potential public safety hazard in a residential area; or
- The person set or placed a trap, device, or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device, or other thing to remain or be placed in that location or area.
