H. John Kalina

The offender was convicted of trafficking cocaine, possession of cocaine for the purpose of trafficking, and possession of cocaine.

The offences occurred while the offender was on bail for a previous trafficking charge.

The Crown sought a sentence of four to five years, while the defence sought two to two and a half years.

The court balanced the aggravating factors, including the nature and quantity of the drugs and the offender's related criminal record, against mitigating factors such as a positive pre-sentence report, family support, and efforts to upgrade his education.

Applying the principle of proportionality, the court sentenced the offender to a global sentence of 24 months in custody, after credit for pre-sentence custody, followed by two years of probation.

The appellant appealed a summary conviction for smuggling under s. 159 of the Customs Act arising from the attempted importation of a vehicle purchased in the United States.

The appellant argued that he could not be guilty of smuggling or evading duties because legal title to the vehicle was in another person’s name, making it impossible for him to pay duties at the time of entry.

The court held that the appellant had actual possession and physical control of the vehicle and therefore was responsible for declaring it upon importation.

His misleading statements to border officials supported the inference that he intended to avoid paying duties.

The court concluded that the trial judge applied the correct legal test and that the verdict was reasonable and supported by the evidence.