Michael Del Gobbo

The accused pleaded guilty to possession of 214 grams of opium for the purpose of trafficking.

He was a first-time offender who had been addicted to opium and possessed it for personal use rather than commercial gain.

The Crown sought a 24-month conditional sentence, while the defence sought a discharge to prevent a criminal record that would bar the accused from working in the trucking industry.

The court granted a conditional discharge with 18 months of probation, finding it was in the accused's best interests and not contrary to the public interest, given his lack of criminal record, good prospects for rehabilitation, and the impact a conviction would have on his employment.

The Crown brought a bail review after the accused, an American national, was released on bail following his arrest at the border for smuggling three handguns and ammunition in hidden compartments.

The reviewing judge found that the initial justice gave excessive weight to the accused's lack of a criminal record and insufficient weight to the seriousness of the offence and the strong probability of conviction.

The court concluded that detention was necessary to maintain confidence in the administration of justice under the tertiary ground.

The release order was vacated and the accused was ordered detained.