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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.
The Court allowed the sentence appeal in part: it stayed the remaining custodial portion of the net 20‑month sentence and substituted a 12‑month probation order containing the compulsory conditions under s.732.1(2) and limited additional conditions requiring continued drug addiction counselling and consent to confirm compliance, because the appellant had served a meaningful portion of his sentence, made significant rehabilitative progress, complied with release conditions, and re‑incarceration would be contrary to the public interest and rehabilitation prospects.
Source excerpt
The court convicted Derek Adam Edmund Hellinger on all narcotics counts after finding his denial implausible and concluding the drugs were in his possession.
Mr. West was sentenced for cocaine trafficking by sharing, and for possession of fentanyl and methamphetamine. The court imposed concurrent time-served sentences and ancillary orders.
Sentence imposed after guilty pleas to methamphetamine trafficking and cocaine possession, with forfeiture, a mandatory firearms prohibition, and no DNA order.
The court sentenced Richard Stephen Voszler for drug and firearms offences, applying guilty plea and custody credit, and imposed concurrent terms plus DNA, forfeiture and firearm prohibition orders.
The Supreme Court of Canada dismissed the appeal and upheld convictions for possession of methamphetamine and cocaine for the purpose of trafficking.
The accused's evidence was credible and, together with expert concessions that bulk purchase by a new purchaser who came into money was possible, the Crown failed to exclude the plausible alternative of personal use beyond a reasonable doubt; prior or technical transfers for safekeeping did not establish present intent to traffic at arrest, so acquittal on s.5(2) follows and conviction on simple possession s.4(1) is appropriate.
Source excerpt
On the totality of the admissible evidence the judge was satisfied beyond a reasonable doubt that the accused possessed the individually packaged, distribution-sized quantities of crack cocaine arranged on his person, together with a scoresheet and expert evidence about local street practices, which excluded any reasonable innocent inference and established possession for the purpose of trafficking; the conviction thereby also established the breach of probation.
Source excerpt
The court acquitted the accused of possession for the purpose of trafficking, finding the evidence left reasonable doubt, but convicted him of simple possession on both counts.
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