I. Grant

The offender, a 68-year-old first-time offender, was convicted by a jury of importing 8.365 kg of cocaine into Canada.

The Crown sought a sentence of seven years, while the defence sought a net sentence of 38.6 to 45.3 months, arguing for enhanced credit due to harsh pre-sentence custody conditions and the offender's age and health.

The court determined that the harsh conditions of pre-sentence custody should be treated as a mitigating factor (a Duncan credit) rather than a mathematical deduction.

Balancing the aggravating factors of the large quantity of drugs and profit motive against the mitigating factors of age, health, and harsh custody conditions, the court imposed a sentence of seven years, less 653 days of Summers credit, resulting in a net sentence of 62.5 months.

The appellant appealed his conviction for operating a motor vehicle 'over 80', arguing the trial judge misapprehended evidence regarding his 'slurred' speech when finding the arresting officer had reasonable and probable grounds for a breath demand.

The Superior Court of Justice dismissed the appeal, finding the trial judge correctly understood the officer's definition of slurring as 'slow and deliberate speech' and that, even if mistaken, the error was not material to the overall finding of reasonable and probable grounds based on multiple indicia of impairment.