The offender was convicted by a jury of possession of cocaine for the purpose of trafficking after police discovered 25.3 grams of crack cocaine hidden in his clothing following arrest.
At sentencing, the court rejected the offender’s claim that the drugs were for personal use, finding him to be a commercial trafficker based on the quantity of drugs, the organization of cash seized, and expert evidence regarding trafficking practices.
The court considered whether a conditional sentence was appropriate given that the offence pre‑dated legislative amendments restricting such sentences.
Applying the principles of deterrence and denunciation, the court found a conditional sentence inconsistent with the purposes of sentencing.
A custodial sentence was imposed together with probation and ancillary orders including forfeiture of proceeds of crime.
