A 41-year-old man who “put his head in the sand” and tried to ignore Burnaby drug charges dating back to May 2014 has been sentenced to one year of probation and 25 hours of community work service.
David Edwin West was pulled over in a taxi on Highway 1 in Burnaby on May 1, 2014 with a black leather briefcase containing marijuana, MDMA and cash, according to facts presented at a sentencing hearing in Vancouver provincial court Thursday.
He was eventually charged with five counts of possession for the purpose of trafficking, but his defence lawyer Darrel Schultz said the reason his client had had so much marijuana on him is that he had recently been at the 4/20 cannabis protest festival at the Vancouver Art Gallery.
“At the end of the day, people were selling their remaining items for ridiculously low prices, so he ended up purchasing a good chunk of marijuana that was sold at fire sale prices,” Schultz told the court.
Crown prosecutor Heather Pineo said West was in the taxi on May 1, 2014 because he had gotten into “an altercation” with his domestic partner. (He was later sentenced to one day in jail and 24 months of probation for assault in connection with that incident).
“Eventually Mr. West gathers some things and leaves,” Pineo said. “He gets into a cab and he’s headed east on Highway 1. Police eventually locate him and arrest him.”
In his briefcase, police discovered a total of 768.68 grams of marijuana, 87.3 grams of MDMA, a digital scale with cannabis resin on it and $233.10 in cash, according to Pineo.
Schultz said West avoided responsibility for the case for years, originally fleeing to Ontario, but he eventually turned himself in.
“He put his head in the sand about the outstanding warrant,” Schultz said.
In October 2022, he pleaded guilty to one of the five counts for possession for the purpose of trafficking (for the MDMA) and one count of the lesser charge of possession of a controlled substance (for the marijuana).
In a joint sentencing submission Thursday, Pineo and Schultz both called for a suspended sentence with 12 months of probation, including a counselling provision, and 25 hours of community work service.
B.C. provincial court Judge Donna Senniw agreed to the proposed sentence.
She noted West’s criminal record, which includes two convictions for domestic assault, and the fact that he had been “at large” and didn’t deal with the charges were aggravating factors in the case.
As mitigating factors, Senniw noted West’s guilty plea, his steady employment at a Blueberry farm and the fact he helps care for a son with medical problems.
The rest of the charges against West, including one for breaching a release order and another for not appearing in court when he was supposed to, were stayed.
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