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Ontario Court of Appeal upheld convictions for human trafficking, threats, assault and drug trafficking, rejecting evidentiary, fairness and Browne v. Dunn arguments.
The Ontario Court of Appeal dismissed Mr. Salvati’s conviction appeal, holding the trial judge reasonably assessed the witness’s credibility despite an unaddressed motive to lie.
At a Gardiner hearing in sentencing, the court made limited factual findings on coercion and drug use, but deferred any final legal ruling on duress.
The Court of Appeal dismissed a sentence appeal in a dial-a-dope cocaine trafficking case, finding an error in principle but upholding six months' imprisonment and 12 months' probation as fit.
The judge found the accused to be a mid-level trafficker (Fifield category 3) for both cocaine (140g) and methamphetamine (1,119 tablets); imposed concurrent global custodial terms of 1,357 days on each drug count (Counts 1 and 2) with those two counts concurrent to each other; applied Summers pre-trial custody credit at 1.5:1 (627 days) reducing the effective custodial term to 730 days (2 years) to be served going forward; firearm-related counts were dealt with as aggravating factors to the drug offences and sentenced concurrently (2 months each for ss.86,91,92 offences and 12 months for pro…
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The court sentenced Hemen Saed and Diego Saed for roles in a large-scale Lower Mainland fentanyl trafficking operation, imposing concurrent terms plus ancillary orders.
The appeal is dismissed because the sentencing judge's finding of wilful, persistent and flagrant breach (no-contact violation and facilitation of drug sales) was supported by ample evidence and the appellant failed to show exceptional circumstances under s.742.6(16) to deem any period of suspension time served; most delay was attributable to the appellant and the breach seriousness defeated a finding of the requisite 'clearest of cases' exception.
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The Court of Appeal for British Columbia dismissed a s. 680 review of bail pending appeal, confirming denial of release to Kien Trung Pham.
Sentencing after convictions for possession of cocaine for the purpose of trafficking. The court imposed 10 months’ custody for Cooke and 6 months for Otchere, plus probation and ancillary orders.
The trial judge reasonably inferred beyond a reasonable doubt from surveillance, conduct and intercepted communications that Marrazzo knew the commodity was cocaine and was a party to the trafficking; conviction affirmed and sentence varied downward to reflect additional Duncan credit for unmet medical needs, yielding a substituted custodial term.
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