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Criminal law 2019 BCSC 1789

R. v. Emery

After guilty pleas to drug trafficking counts, the court imposed three concurrent three-year sentences, credited 299 days of pre-trial custody, and ordered probation and ancillary relief.

  • Possession for the purpose of trafficking
  • Fentanyl and opioid public health crisis
  • Pre-sentence custody credit (s.719(3.1) code)
  • Dna order (s.487.051 code)
  • Firearms prohibition (s.109 code)
  • S.24(2) charter exclusion of evidence
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Criminal law 2012 SCC 33

R. v. Venneri

The Supreme Court of Canada restored a criminal-organization conviction but upheld the quashing of a possession-for-trafficking conviction for lack of nexus to the seized drugs.

  • Criminal organization
  • In association with
  • Possession for purpose of trafficking
  • Constructive/joint possession
  • Conspiracy
  • Mens rea
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Criminal law 1993 NSCA 181

R. v. Kenny

The Court of Appeal found no error in the trial judge's application of sentencing principles and concluded the eight-year sentence for conspiracy to traffic and the concurrent eight-year sentence for possession for purpose of trafficking were not excessively lenient; accordingly leave to appeal was granted but the appeal was dismissed and the sentences were upheld.

  • Sentencing principles
  • Concurrent sentences
  • Conspiracy to traffic (s.465(1)(c) criminal code)
  • Possession for purpose of trafficking (s.4(2) narcotic control act)
  • Publication ban
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.