The accused pleaded guilty to conspiracy to traffic cocaine after purchasing significant quantities over multiple transactions during a drug investigation.
Although the parties jointly proposed an eighteen-month sentence, the accused sought a conditional sentence based on alleged police misconduct in the execution of the search warrant and arrest, relying on Charter principles and the sentencing analysis in Nasogaluak.
The court found that denunciation and deterrence remained the dominant sentencing objectives for cocaine trafficking and that a conditional sentence would not satisfy proportionality.
Applying Cornell and Nasogaluak, the court rejected the allegation of unreasonable search, excessive force, or vandalism, and held that no state misconduct mitigated sentence.
An eighteen-month custodial sentence, followed by two years' probation and ancillary forfeiture and weapons orders, was imposed.
