A. Ghosh

The accused was stopped at a R.I.D.E. spot check where an officer smelled marijuana and observed erratic behaviour.

After a brief interaction, the accused was arrested for possession of marijuana and placed in a police cruiser.

At the end of the officer's shift, cocaine and a heroin/fentanyl mixture were found in the cruiser where the accused had been seated.

The court dismissed the accused's Charter application, finding the initial interaction and search incident to arrest were lawful.

The court concluded the accused placed the drugs in the cruiser and found him guilty of possession of cocaine for the purpose of trafficking, and simple possession of heroin.

The accused pled guilty to possession of cocaine and oxycodone for the purpose of trafficking.

The Crown sought a 2.5-year penitentiary sentence, while the defence sought a conditional sentence.

The court noted the serious nature of the drugs and the paramount principles of denunciation and deterrence, which precluded a conditional sentence.

However, considering the accused's significant rehabilitation, stable employment, and the fact that his past trafficking supported his own addiction, the court imposed a reformatory sentence of 18 months imprisonment followed by two years of probation.

The offender pleaded guilty to possession of cocaine for the purpose of trafficking after acting as a delivery person for two suitcases containing two kilograms of cocaine.

He admitted to wilful blindness regarding the contents.

The offender fled the country while on bail but voluntarily returned years later due to his mother's terminal illness.

The court weighed the significant aggravating factors, including the large quantity of drugs and his flight from justice, against mitigating factors such as his guilty plea, lack of related record, and family circumstances.

The offender was sentenced to five years in jail.

Sentencing decision for trafficking in a controlled substance and possession of proceeds of crime arising from the transfer of large quantities of steroid pills and cash between vehicles.

Police seized approximately 220,000 steroid pills and $14,000 in currency.

The court considered the purposes and principles of sentencing under the Criminal Code and the Controlled Drugs and Substances Act, including denunciation and deterrence.

While the offence involved a substantial commercial quantity of drugs, the offender was a first-time offender with positive community support and no aggravating factors under the CDSA.

The court imposed a conditional sentence rather than incarceration.

The Crown sought to commit multiple co-accused to stand trial following a preliminary inquiry into numerous drug trafficking, firearms trafficking, and criminal organization charges.

The court applied the test for committal, assessing whether there was any evidence upon which a reasonable jury, properly instructed, could convict.

The court found sufficient evidence to commit several accused on substantive drug and firearms offences, as well as conspiracy charges.

However, the court discharged certain accused on the criminal organization charges, finding insufficient evidence that they operated as a criminal organization rather than for personal benefit.

The accused was charged with operating a motor vehicle with excess alcohol after being stopped at a RIDE program.

At trial, the defence argued that the presence of cell phones and police radios near the Intoxilyzer 8000C caused radio frequency interference (RFI), leading to a malfunction.

The court heard expert evidence on the machine's RFI safeguards but found no evidence that a malfunction actually occurred or that it would result in an artificially high reading.

The court concluded the defence's theory was speculative, failed to raise a reasonable doubt, and found the accused guilty.