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Oral reasons for sentence in a drug and firearms case: concurrent terms for trafficking counts, consecutive terms for weapons offences, and 1,416 days remaining after credit.
The British Columbia Court of Appeal dismissed Mr. Cashman’s appeal from convictions for possession for the purposes of trafficking, rejecting challenges to expert evidence, alleged misapprehensions, and verdict reasonableness.
The court imposed a five-year global sentence for multiple firearms, driving, and breach offences, giving weight to Gladue factors, rehabilitation prospects, and pre-trial credit.
The former s.24(1)(a) of the Nova Scotia Cannabis Control Act was unconstitutional and of no force and effect because it authorized standardless warrantless vehicle searches contrary to s.8 of the Charter and was not saved by s.1; the officer's hand search for the licence lacked lawful authority and violated s.8, but under s.24(2) the pepper spray evidence was not excluded because the breach, while real, was not flagrant, the impact on privacy was moderate, and society's interest in adjudication weighed heavily in favour of admission.
Source excerpt
British Columbia Court of Appeal dismissed Terrel Desmond’s sentence appeal and upheld two years’ custody plus 18 months’ probation for fentanyl trafficking offences.
In sentencing for firearm discharge, firearm possession, and cocaine trafficking, the Court imposed a total effective sentence of 6 years and 3 months, with related firearm counts concurrent.
Sentence suspended on each count; the accused was placed on three years’ probation after guilty pleas to possession for the purpose of trafficking.
Judge-alone criminal trial after a fatal rollover near Fort Nelson involving intoxication, speed and alleged steering-wheel interference.
Sentence reasons for Esfandiar Henareh’s conviction for possession of opium for the purpose of trafficking, resulting in a three-year prison term.
The court ordered committal in an extradition case involving alleged marihuana trafficking through hollowed-out logs, finding the certified record admissible and sufficient.
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