Emily Morton

The appellant, a 43-year-old Aboriginal man, appealed his sentence of two years less a day followed by two years' probation for possession for the purpose of trafficking in heroin and oxycodone.

The appellant argued for a reduction based on pre-trial custody credit.

The Court of Appeal found no error in principle, noting the offences involved commercial trafficking in Schedule 1 drugs by an addict to support his habit.

The appeal was dismissed, with the court reiterating the trial judge's recommendation that the sentence be served at the Ontario Correctional Institute.

The appellant appealed his four-year global sentence for gun and drug offences.

Relying on the recent decision in R. v. Nur, the Court of Appeal reconsidered the sentence but concluded that the four-year term remained fit, noting that the combination of gun and drug offences poses a pernicious threat to public safety.

The appeal was dismissed.