R v Hussain, 2017 ABPC 189 per Semenuk, PCJ:


Accused pleaded guilty to trafficking in cocaine. Four sales to an undercover police officer. Positive PSR and accused had taken steps to address addiction issues. Accused was from Pakistan, and was subject to possible deportation.

Held: 18 months jail.

Aggravating factors included: 4 sales, total weight of 8.3 grams of crack cocaine with a street value of $970, mid-level commercial trafficking, and that the accused had 8 prior criminal convictions. 3 year starting point still applies in Alberta: Melnyk, 2014 ABCA 313. “That being said, there have been a host of reported authorities where sentences far below the 3 year starting point have been imposed”.

S. Virk – Defence Counsel