Accused pleaded guilty to possession of drugs for the purpose of trafficking. Drugs included morphine, cannabis, marihuana and fentanyl. Accused inserted the drugs into his rectum, and then intentionally got arrested. Original intent was to transport the drugs into the Edmonton Remand Centre for sale. Accused was acting under some duress from a gang. While in custody at the police station, the accused removed the drugs from his body. Court accepted the accused’s evidence that he had changed his mind about secreting the drugs into the Remand Centre. Crown sought 4-5 years jail.
Held: 2 years jail plus probation.
Several Gladue factors present affecting the accused’s moral blameworthiness. Accused had taken significant steps toward rehabilitation, and had abandoned his gang life. Accused’s primary motivating factor was fear, not greed.
R. Wachowich – Defence Counsel