G. Wakefield

The accused was sentenced for extortion, pointing a firearm, and using a firearm.

After applying enhanced credit for 140 days of pre-sentence custody, the court imposed a sentence of two years less a day, followed by one year of probation.

The court also imposed a lifetime weapons prohibition under s. 109 of the Criminal Code, a DNA order, and waived the victim surcharge.

The accused was charged with two counts of breaching an undertaking by communicating with his former partner.

The accused was self-represented, and the court appointed counsel under s. 486 of the Criminal Code to cross-examine the complainant.

The court found the accused guilty of the first breach based on the corroborating testimony of the accused's brother, who confirmed the accused met with the complainant at a park.

However, the court acquitted the accused of the second breach (a telephone call), finding that the s. 486 counsel's cross-examination of the complainant was wholly inadequate and failed to properly test her evidence.

The court held that it would be dangerous to accept the complainant's untested testimony where the accused was precluded from making full answer and defence due to the ineffective cross-examination by court-appointed counsel.

The accused pleaded guilty to two counts of trafficking in fentanyl after selling what he believed was heroin to undercover officers.

The court considered the presence of fentanyl as an aggravating factor but noted the lack of quantitative analysis regarding its concentration.

After applying enhanced credit for pre-sentence custody and harsh lockdown conditions at the Central East Correctional Centre, the accused was sentenced to a further 9 months in custody followed by 2 years of probation.