Report on Mandatory Sentences - Law Reform Commission

identity theft; 257 (v) certain gang-related offences in a school zone; 258 (vi) certain types of manslaughter; 259
(vii) certain types of sexual offence against children; 260 (viii) violations of certain protective orders; 261 (ix)
certain types of sexual assault; 262 driving while intoxicated; 263 (x) operating a vehicle while licence
revoked; 264 (xi) reckless driving causing death; 265 (xii) certain types of hate crime; 266 and (xiii) certain
types of vandalism. 267 There is also a provision dealing with habitual offenders. 268
(iv)
(I)
Federal
Drugs Offences
4.128 §841(a), §841(b)(1)(A) and §2D1.1 of the Penal Code prescribe a variety of minimum sentences,
ranging from five years to life, for manufacturing, distributing or possessing drugs, with intent to distribute.
The sentences escalate for second and subsequent offences. §846, §2D1.1, §2D1.2, §2D1.5 - §2D1.13,
§2D2.1, §2D2.2, §2D3.1 and §2D3.2 stipulate that the mandatory minimum sentence for the underlying
offence be imposed for attempts and conspiracies to commit any drug trafficking or possession offence.
4.129 §848(a) and §2D1.5 prescribe a minimum sentence of 20 years for a continuing criminal
enterprise and 30 years for a second or subsequent offence. §848(b) and §2D1.5 prescribe a minimum
sentence of life for acting as principal administrator, organiser or leader of a continuing criminal
enterprise. §848(e) and §2d1.5 prescribe a minimum sentence of 20 years for engaging in a continuing
criminal enterprise and intentionally killing an individual or law enforcement officer.
4.130 §859 and §2D1.2 prescribe a minimum sentence of one year or the minimum required by
§841(b), whichever is longer, for distribution of drugs to persons under the age of 21 years. §860(a) and
§2D1.2 prescribe a minimum sentence of one year or the minimum required by §841(b), whichever is
longer, for distribution of a controlled substance near a school or similar facility; three years or the
minimum required by §841(b), whichever is longer, for a second offence; and the minimum required by
§841(b)(1)(A) for a third offence. §861 and §2D1.2 prescribe the minimum required by §841(b)(1)(A) for
the employment or use of persons under 18 years in drug operations. §861(b), §861(c) and §2D1.2
prescribe a minimum sentence of one year for knowingly and intentionally employing or using a person
under the age of 18 years in drug operations; one year for a second offence; and the minimum required
by §841(b)(1)(A) for a third offence.
4.131 §861(f) and §2D1.2 prescribe a minimum sentence of one year for knowingly or intentionally
distributing a controlled substance to a pregnant individual. §960(a), §960(b) and §2D1.1 prescribe a
variety of minimum sentences, ranging from five years to life, depending on whether it is a first or
subsequent offence, for the unlawful importation or exportation of drugs. §963, §2D1.1, §2D1.2, §2D1.5-
256
257
258
259
260
261
262
263
264
265
266
267
268
§53.1-203(1).
§18.2-186.4.
§18.2-46.2.
§18.2-36.1(B) and §18.2-36.2(B).
§18.2-374.1:1(C); §18.2-374.1(B,1); §18.2-374.1(B,2); §18.2-374.1(B,3); §18.2-374.1(B,4); §18.2-374.3(C);
and §18.2-374.3(D).
§16.1-253.2.
§18.2-61(A,iii); §18.2-67.1(A,1); §18.2-67.2(A,1); §18.2-67.5:2; and §18.2-67.5:3.
§18.2-266; §46.2-341.24; §46.2-357(B,1); §46.2-357(B,2); and §46.2-357(B,3).
§46.2-301; §46.2-391(D,1); §46.2-391(D,2a, i); §46.2-391(D,2a,ii); and §46.2-391(D,3).
§46.2-865.1(A,2).
§18.2-121; §18.2-57(A); and §18.2-57(B).
§18.2-154.
§19.2-297.1.
157