The appellant appealed his conviction for possession for the purpose of trafficking and the sentence imposed.
The Crown conceded that the trial judge erred by relying on the appellant's prior record for drug offences to conclude he was guilty of possession for the purpose of trafficking, and that there was an inconsistency regarding whether the appellant was a user of crack cocaine.
The Court of Appeal agreed, vacated the conviction, substituted a conviction for simple possession, and reduced the sentence to time served.
The section 109 weapons prohibition order was also vacated.
