Elizabeth O’Grady

The offender was convicted after trial of three counts of trafficking in cocaine and three counts of possessing proceeds of crime under $5,000 arising from a police sting operation involving small-scale cocaine sales over three days.

The offender was a first-time offender with stable employment and parental responsibilities but did not testify at trial and did not accept responsibility for the offences.

The court emphasized the importance of denunciation and deterrence in cocaine trafficking cases while also considering the offender’s youth and rehabilitative prospects.

The court rejected a conditional sentence due to the offender’s lack of remorse and failure to acknowledge wrongdoing.

A custodial sentence followed by a lengthy probation order was imposed to balance denunciation with rehabilitation.

The accused was charged with three counts of trafficking crack cocaine under the Controlled Drugs and Substances Act and three counts of possession of proceeds of crime under the Criminal Code arising from controlled purchases conducted by an undercover officer over three consecutive days.

The defence argued that the Crown failed to prove beyond a reasonable doubt that the accused was the individual known as “Cinderella” who sold the drugs, pointing to several investigative deficiencies including failure to preserve buy money and failure to conduct a lineup.

The court rejected these arguments, finding the surveillance evidence, photographs, and continuity of observation established identification beyond a reasonable doubt.

The court also accepted the evidence of the undercover officer regarding the drug transactions and proceeds.

Convictions were entered on all trafficking and proceeds of crime counts.