Detective Paul MacIntosh

The accused, a youthful first offender and heroin addict, pleaded guilty to trafficking in a substance held out to be heroin.

He purchased what he believed was heroin for a friend who was experiencing withdrawal.

Unbeknownst to both, the substance was fentanyl, and the friend died of a fatal overdose.

The Crown sought a 4-year penitentiary sentence, while the defence sought 13 months.

The court found exceptional circumstances, noting the accused was not a commercial drug dealer, had no knowledge the substance was fentanyl, and had made significant rehabilitative efforts.

The court imposed a sentence of 18 months' custody followed by 3 years' probation.

A Gardiner hearing was held to determine the number of marijuana plants for sentencing purposes after convictions for production and possession for trafficking.

The Crown sought to engage a mandatory minimum sentence based on a plant count exceeding 500.

The defence presented expert statistical evidence challenging the adequacy of the police's sampling methodology.

The court found that the Crown failed to prove beyond a reasonable doubt that the number of marijuana plants exceeded 500 due to the arbitrary sampling process, thus precluding reliance on the mandatory minimum.

However, the court accepted that it was a substantial marijuana grow operation for general sentencing purposes.