The appellant appealed both conviction and sentence following a criminal prosecution.
The court upheld the trial judge's conclusion that the wiretap authorizations were valid, that the appellant was not “known” within the meaning of ss. 185 and 186 of the Criminal Code, and that the search warrant was properly granted.
On sentence, the respondent conceded error in principle in the trial judge's conclusion that a conditional sentence was unavailable for the offences in light of the governing Supreme Court authority.
Leave to appeal sentence was granted, the sentence appeal was allowed, and a conditional sentence with house arrest and community service conditions was imposed.