Marina Elias

Cory Trunks applied under the Criminal Code for access to $167,000 in seized cash to cover his legal expenses for defence against charges including drug trafficking and possession of proceeds of crime.

The Crown opposed the application, arguing that Trunks had other available means.

The court found that while Trunks had an interest in the funds, he failed to demonstrate that he had no other assets or means, specifically noting that he had been granted Legal Aid.

The application was dismissed, as the availability of state-funded legal assistance meant Trunks was not in the narrow category of accused persons needing access to potentially forfeited funds.

The appellant appealed his convictions for possession of cocaine for the purposes of trafficking and possession of the proceeds of crime.

On appeal, he challenged the issuance of the search warrant that resulted in the charges against him.

The Court of Appeal found that the reviewing judge's decision was deserving of deference and that, on the basis of the record before her, the issuing justice could properly issue the warrant.

The appeal was dismissed.

Craig Savory was convicted by a jury of possession of cocaine for the purpose of trafficking, involving approximately $300,000.00 worth of cocaine.

The Crown sought a sentence of five to eight years, while the defence argued for approximately two years, citing exceptional circumstances and Savory's rehabilitative efforts.

The court considered Savory's personal background, including his family support, employment, and lack of substance abuse issues, as well as his previous minor criminal record (which was given no weight).

Mitigating factors included strong family support, compliance with bail conditions, full-time employment, and no evidence of broader involvement in the drug world beyond the immediate offence.

Aggravating factors included the presence of his children in the car where the drugs were concealed, the difficulty police had in finding the secret compartment, the absence of a guilty plea, and the societal impact of drug trafficking.

Applying the principles of sentencing under Section 718 of the Criminal Code, and noting that Savory's role was limited to transportation, storage, and distribution without evidence of profit-sharing, the court imposed a sentence of six years' incarceration.

The accused pleaded guilty to trafficking cocaine and possession of proceeds of crime based on an agreed statement of facts.

He subsequently brought a motion to stay the charges on the basis of entrapment.

An undercover officer, with minimal training and no reasonable suspicion regarding the target, called a phone number obtained from a confidential source and immediately requested to purchase a specific quantity of crack cocaine.

The accused agreed and supplied the drugs.

The court found that the officer provided the opportunity to commit the crime without reasonable suspicion about the person or the phone number, and that the bona fide inquiry exception did not apply due to insufficient corroboration of the tip.

The court granted the stay of proceedings.