Report on Mandatory Sentences - Law Reform Commission

(II)
Firearms Offences
4.122 §1252(5) prescribes a minimum sentence of four years for committing a Class A crime while
using a firearm against a person; two years for committing a Class B crime while using a firearm against a
person; and one year for committing a Class C crime while using a firearm against a person.
(iii)
(I)
Virginia
Drugs Offences
4.123 In Virginia, §18.2-248.1(d) of the Penal Code prescribes a minimum sentence of five years for the
sale or distribution of marijuana, where it is the offender’s third or subsequent felony. §18.2-248
prescribes a variety of minimum sentences, ranging from three years to 40 years, for distributing or
transporting marijuana. §18.2-255(A,i) prescribes a variety of minimum sentences, ranging from two
years to five years, for selling a certain amount of marijuana to a minor. §18.2-255(A,ii) prescribes a
variety of minimum sentences, ranging from two years to five years, for selling a certain amount of
marijuana, where the minor assists in distribution.
4.124 §18.2-248 prescribes a variety of minimum sentences, ranging from 20 years to life, where there
is a continuing criminal enterprise grossing specified amounts of money. §18.2-248 also prescribes a
variety of minimum sentences, ranging from 20 years to life, for the distribution of certain quantities of
certain drugs as part of a continuing criminal enterprise. §18.2-248 also prescribes a variety of minimum
sentences, ranging from three years to 20 years, for the distribution of certain quantities of certain drugs.
§18.2-248(C) prescribes a minimum sentence of five years for a third or subsequent offence of selling or
possessing with intent to sell or distribute Schedule I or Schedule II drugs. §18.2-248(C1) prescribes a
minimum sentence of three years for a third or subsequent offence of manufacturing metamphetamine.
4.125 §18.2-248.01 prescribes a variety of minimum terms, ranging from three years to 10 years for
transporting Schedule I or Schedule II drugs to the Commonwealth. §18.2-255.2 prescribes a minimum
sentence of one year for a second or subsequent offence of distributing controlled substances on school
property. §18.2-248.5(A) prescribes a minimum sentence of six months for the offence of selling or
distributing anabolic steroids. §18.2-248(H) prescribes a minimum sentence of 20 years for the
distribution of a Schedule I or II drug. 253
(II)
Firearms Offences
4.126 §18.2-53.1 prescribes a minimum sentence of three years for using a firearm in the commission
of a felony and five years for a second or subsequent offence. §18.2-308.4(B) and (C) prescribe
minimum sentences of two to five years for possessing or selling certain types of drug while possessing a
firearm. §18.2-308.2(A) prescribes minimum sentences of two to five years for possession or
transportation of a firearm where the offender is a convicted felon. §18.2-308.2:2(M) prescribes a
minimum sentence of five years for the provision of more than one firearm to an ineligible person. §18.2-
308.1(B) prescribes a minimum sentence of five years for the use of a firearm on school property.
(III)
Other
4.127 Minimum sentences are also prescribed in respect of: (i) the illicit possession, importation, sale
or distribution of cigarettes; 254 (ii) certain types of assault; 255 (iii) escape from a correctional facility; 256 (iv)
nature of the victim and offence, imposing the mandatory sentence would frustrate the general purpose of
sentencing.
253
254
255
§18.2-248 provides that if the defendant has no prior conviction, did not use violence or the threat of violence,
the offence did not result in death or serious bodily injury and the defendant was not a central figure in the
criminal enterprise and provided substantial assistance to the government prior to sentencing, the five and 20
year mandatory minimums will not apply for manufacturing. §18.2-248.1 provides that if the individual can
prove that he or she trafficked marijuana only with the intent to assist an individual and not to profit, he or she
will be sentenced for committing a class 1 misdemeanour.
§3.2-4212(D,i) and §3.2-4212(D,ii).
§18.2-51.1; §18.2-57(A); §18.2-57(B); §18.2-57(C); and §18.2-57(D).
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