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Ont. C.A. considered whether a mistaken-identity arrest was lawful, and whether drugs and a gun found on the appellant should be excluded under s. 24(2).
A 21-month custodial sentence is fit and proportionate for mid-level trafficking of 817.44 grams of methamphetamine, but on the facts—including entrenched addiction, chronic pain treated by OAT, significant post-offence rehabilitation, stability and five years without new convictions, and the risk that institutional incarceration would undermine rehabilitation—a conditional sentence order (21 months served in the community under strict, punitive conditions) is available, consistent with s.742.1 and the objectives of denunciation, deterrence, rehabilitation and community protection; ancillary…
Source excerpt
The court sentenced Randall Stanley Budd to an 18-month conditional sentence order for possessing methamphetamine for the purpose of trafficking, with strict treatment-based conditions.
The court found the accused guilty of possession for the purpose of trafficking cocaine, heroin and methamphetamine, holding the UPHNS exemption did not cover distribution.
The Court of Appeal dismissed Tyler Jackson’s appeal, holding the seatbelt stop was lawful and the vehicle search was supported by reasonable grounds under cannabis legislation.
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.
Trial judgment on drug trafficking and weapon charges: acquittals on trafficking counts, convictions for simple possession of fentanyl and for possessing a machete for a dangerous purpose.
After guilty pleas to drug trafficking-related offences, the court imposed 12 months’ concurrent imprisonment, rejecting a conditional sentence because of youth involvement and the scale of the operation.
Appeal dismissed from convictions for importing and possessing cocaine for trafficking, with the Court upholding refusal of late written submissions and the trial judge’s circumstantial finding of knowledge.
The court found Shaun Jackson Smith guilty of cocaine trafficking and cannabis possession for sale, rejecting the defence claim of personal use as unreasonable on the evidence.
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