Amanda Webb

The appellants were convicted of trafficking and possession for the purpose of trafficking in cocaine following a lengthy police surveillance operation dubbed 'Project Odyssey'.

On appeal, they argued the trial judge erred in his handling of a confidential informant privilege application, in refusing to stay proceedings for alleged police misconduct, and in rendering unreasonable verdicts based on circumstantial evidence.

The Court of Appeal dismissed the appeals, finding no error in the in camera, ex parte procedure used for the privilege claim, upholding the trial judge's factual findings regarding police conduct, and concluding the circumstantial evidence overwhelmingly supported the convictions.

Lalendra Desilva was sentenced for possession of various drugs for the purpose of trafficking and possession of proceeds of crime.

The court considered aggravating factors such as the large quantity and variety of drugs, the commercial nature of the operation, and bail non-compliance.

Mitigating factors included the offender's age, lack of prior criminal record, strong support, education, employment history, and genuine remorse.

Enhanced credit for harsh pre-trial custody conditions was also applied.

The court imposed a global sentence of 3½ years' imprisonment, aligning with the defence's request, along with ancillary orders.

The applicant sought exclusion of drugs and currency seized following his arrest for breaching bail and drug trafficking offences, alleging breaches of sections 7, 8, 9, 10(b), and 24(2) of the Charter.

The court held the police had reasonable and probable grounds to arrest for bail non-compliance, and that the subsequent search of the person and vehicle was lawful, including as a search incident to arrest.

The court further held that the delay in access to counsel was reasonable in the circumstances, but found a breach where police elicited statements without cautioning the detainee about the right to silence before counsel access.

Applying the Grant framework, the court concluded the breach was of moderate seriousness with limited prejudicial impact, and that exclusion of the drugs and proceeds would bring the administration of justice into disrepute given the seriousness of the offences.

The evidence was admitted for trial.

The accused pleaded guilty to trafficking cocaine and possession of cocaine for the purpose of trafficking.

Over a three-year period, the accused developed a serious cocaine addiction that led him to sell cocaine to an undercover officer on four separate occasions, totalling approximately 30 grams, with additional cocaine found in his residence.

The accused successfully completed a residential addictions treatment program prior to sentencing and demonstrated genuine rehabilitation.

The court imposed a sentence of 90 days incarceration to be served intermittently, along with one year of probation, finding that while incarceration was necessary, the accused's exceptional rehabilitative efforts and demonstrated sobriety warranted a departure from the standard sentencing range for cocaine trafficking.

The applicant brought a pre-trial motion to exclude evidence seized during the execution of search warrants at his residence and motor vehicle, arguing a violation of his s. 8 Charter rights.

The warrants were based on information from a confidential informant and subsequent police surveillance.

Applying the Debot test, the court found the informant's tip was compelling, the source was reliable, and the information was sufficiently corroborated by police observations of suspected hand-to-hand drug transactions.

The court concluded there were reasonable and probable grounds to issue the warrants and dismissed the application.