Allison Cormie-Bowins

Tenzin Youngdue pleaded guilty to possession of fentanyl for the purpose of trafficking and possession of proceeds of crime.

The Crown and defence submitted a joint recommendation for a global sentence of 5.5 years imprisonment, with credit for pre-sentence custody and strict bail conditions.

The court accepted the joint submission, emphasizing denunciation and deterrence for fentanyl trafficking while acknowledging mitigating factors such as the offender's youth, guilty plea, remorse, and rehabilitative efforts.

Ancillary orders for forfeiture and DNA sample were also made.

The accused was charged with impaired driving and driving with a blood alcohol concentration over 80 milligrams per 100 millilitres of blood following a single-vehicle accident.

The Crown's case was overwhelming except for one issue: whether the accused consumed the majority of the alcohol either shortly before driving or after the accident.

The toxicologist testified that assuming driving occurred at 3:45 p.m., the accused's BAC would have been between 350 and 405 milligrams.

The Crown conceded it could not prove the accused drove within two hours of the breath test.

The trial judge found that the issue of bolus drinking (consuming large amounts of alcohol shortly before driving) or post-accident drinking was a live issue on the record.

Given the presence of an open vodka bottle in the accused's purse, the amount of vodka missing from the bottle, the accused's attempt to prevent police from finding the bottle, and the minimal signs of impairment observed by officers at the scene, the trial judge concluded there was a reasonable doubt as to whether the accused had consumed 7.5 ounces or more of vodka at the relevant time.

The accused was acquitted.