Custody Appeal decision
Brandon Michael Baker was found guilty of three counts of trafficking crack cocaine and three counts of possession of the proceeds of crime.
The court considered aggravating factors including the nature of crack cocaine, the multiple transactions, the profit motive, and the offender's criminal record.
Mitigating factors included a supportive relationship.
Applying sentencing principles of denunciation, deterrence, and rehabilitation, and considering the sentencing range for similar offences, the court imposed a global sentence of 12 months in custody, with ancillary orders for a lifetime firearm prohibition, a 10-year prohibition for other weapons, a DNA sample, and victim surcharges.
Accused found guilty of drug trafficking based on reliable undercover officer photo lineup identification.
The accused was charged with trafficking crack cocaine and possession of proceeds of crime following three undercover drug purchases.
The sole issue at trial was identity, specifically the reliability of the undercover officer's identification of the accused from a photo lineup.
The court found that although the photo lineup was not videotaped or audiotaped as recommended by the Sophonow inquiry, the identification was reliable due to the officer's multiple interactions with the accused and independent confirmatory circumstantial evidence.
The accused was found guilty on all charges.
