Accused pled guilty to one count of trafficking 2.1 grams of cocaine and two counts of trafficking fentanyl, 3 pills on one occasion and 12 pills on a second. Crown sought 4-4.5 years and asked a starting point of 6 years’ jail be set. Defence sought a rehabilitative sentence which took into account the accused’s community supports and addictions treatment.
Held: 8.5 months jail, minus pre-trial credit.
Trial Judge determined the accused was not engaged in commercial trafficking on more than a minimal scale. This was not an appropriate case to set a starting point. Accused sentenced to 8.5 months jail, but given credit for 178.5 days credit for time in pre-trial custody, including credit for 30 days spent at an in a treatment program under very restrictive conditions. The remainder was permitted to be served intermittently.
T. Dunlap – Defence Counsel