R. v. Ali

R. v. Ali

The court refused the Crown's DNA order because the Crown did not meet the evidentiary threshold to justify overriding the accused's specific privacy and immigration/health concerns and because the surrounding circumstances and lack of record did not tip the balance in favour of a DNA order; the court imposed concurrent custodial sentences of six months on each count (reduced from the nine to twelve months typical in dial-a-dope cases) to reflect serious aggravating features but also significant mitigation (no prior record, family and business responsibilities), ordered forfeiture of drugs, score sheets, the cell phone and $1,580, returned $3,000 and car transfer documents, imposed a...

Citation
2008 BCSC 657
Parties
Crown: Regina; Accused: Mohammed Sayiad Ali; Co Accused: Scott Douglas Osborne
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 February 2008
Procedural Posture
Criminal Controlled Drugs and Substances Act (trafficking and Possession for Purpose of Trafficking) / Sentencing (oral Reasons for Sentence)
Outcome
Accused Mohammed Sayiad Ali convicted on Counts 1 and 2; DNA sample order refused; concurrent custodial sentences imposed; specified forfeitures ordered; weapons prohibition imposed; victim fine surcharge waived.
Legal Topics
Trafficking, Possession for the Purpose of Trafficking, Conditional Sentence, DNA Sample Order Under S.487.051, Forfeiture of Proceeds/evidence, Weapons Prohibition S.109, Dial a Dope Operations
Source Language
English
Criminal Law Controlled Substances/drug Trafficking Sentencing Forfeiture Privacy/dna Orders Immigration Consequences Trafficking Possession for the Purpose of Trafficking +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 24 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Crown

Mohammed Sayiad Ali

Accused

Scott Douglas Osborne

Co Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act (trafficking and Possession for Purpose of Trafficking) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for dial-a-dope trafficking and possession for purpose of trafficking
  2. 2 Whether to order a DNA sample under s.487.051 for a secondary designated offence
  3. 3 Which seized items are subject to forfeiture

Ratio Decidendi

The court refused the Crown's DNA order because the Crown did not meet the evidentiary threshold to justify overriding the accused's specific privacy and immigration/health concerns and because the surrounding circumstances and lack of record did not tip the balance in favour of a DNA order; the court imposed concurrent custodial sentences of six months on each count (reduced from the nine to twelve months typical in dial-a-dope cases) to reflect serious aggravating features but also significant mitigation (no prior record, family and business responsibilities), ordered forfeiture of drugs, score sheets, the cell phone and $1,580, returned $3,000 and car transfer documents, imposed a...

Court Disposition

Accused Mohammed Sayiad Ali convicted on Counts 1 and 2; DNA sample order refused; concurrent custodial sentences imposed; specified forfeitures ordered; weapons prohibition imposed; victim fine surcharge waived.

Orders

  • Six months' imprisonment on Count 1 (to be served concurrently)
  • Six months' imprisonment on Count 2 (to be served concurrently)