The offender was convicted after trial of possession of cocaine for the purpose of trafficking and two counts of possession of proceeds of crime.
The court addressed whether the offender’s youth criminal record remained admissible for sentencing purposes under the Youth Criminal Justice Act, concluding the access period had not expired because the conviction date controlled.
Considering the principles of denunciation, deterrence, proportionality, and rehabilitation under ss. 718–718.2 of the Criminal Code, the court weighed aggravating factors including the commercial quantity of cocaine, trafficking in a public shopping mall, and the offender’s prior youth convictions.
Mitigating factors included the offender’s youth, educational achievement, family support, and positive community involvement.
A custodial sentence was imposed as a conditional sentence would not adequately reflect denunciation and deterrence.
