Avik Ghosh

The offender, a 20-year-old mid-level trafficker, was convicted of possessing fentanyl, cocaine, and methamphetamine for the purpose of trafficking, and possessing a loaded prohibited firearm.

The Crown sought an 11.5-year global sentence, while the defence sought 6 to 8.5 years.

The court emphasized the extreme danger of fentanyl and loaded handguns, imposing consecutive sentences for the drug and firearm offences.

After applying the totality principle, the court imposed a global sentence of 9 years and 9 months (117 months), less credit for pre-trial custody and strict bail conditions.

The Crown brought an application for forfeiture of a $100,000 recognizance after the accused breached his bail conditions by leaving his residence without his designated surety.

The surety, the accused's common-law wife, testified that she believed the accused was at work and was unaware he was meeting his ex-girlfriend.

The court found the surety was not complicit and that her financial circumstances had deteriorated significantly since the pledge.

Applying the factors from Horvath, the court exercised its discretion to excuse the surety from the pledge due to extreme hardship, but held the accused liable for the full amount.