The Crown appeal against a two-year-less-one-day conditional sentence was allowed. The Court set a five-year penitentiary sentence for mid-level fentanyl and MDMA trafficking.
The court sentenced Stephen Tosh Maki to a conditional sentence of two years less a day for fentanyl trafficking, followed by three years' probation, and imposed firearms and DNA orders.
The court convicted Timothy James Greer of firearms offences after finding he constructively possessed weapons found in his home and stored one rifle carelessly.
On the totality of corroborated informant information and police surveillance the arrest and the Justice of the Peace's issuance of a warrant were supported by reasonable grounds; warrantless entry was justified by exigent circumstances under CDSA s.11(7) to preserve easily disposed-of pills; the warrant-authorized search evidence is admissible; however the warrantless search and photographing of the accused's unlocked cell phone exceeded what was objectively reasonable under Fearon (insufficient tailoring, no less-intrusive steps, inadequate contemporaneous notes) and breached s.8, and the r…
The court ruled on defence expert reports in a cannabis prosecution, excluding one report for lack of established expertise and admitting two others despite no cross-examination.
The court sentenced Chad William Dickey for cocaine trafficking and possession for trafficking to a 20-month suspended sentence with probation, community service and ancillary orders.