Accused pleaded guilty to trafficking in cocaine. At arrest, accused had 11 spitballs of crack cocaine in his possession. A subsequent search of the accused’s residence located another 23 grams of cocaine in a bag, as well as a 440 gram brick of cocaine.

Held: 26 months jail.

Crown argument that the amount of drugs seized was consistent with wholesale trafficking and a 4.5 year starting point, rejected. 3 year starting point applied, given that the accused was a commercial trafficker. Accused was remorseful, had made a number of improvements in his life, and had family support. Amount of the drug involved was the primary aggravating feature.

J. Chadi – Defence Counsel