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First-time offender sentenced to 8 years for trafficking 156 grams of fentanyl and possessing tasers.
The offender pleaded guilty to possession of fentanyl for the purpose of trafficking, possession of methamphetamine and cocaine, possession of property obtained by crime, and possession of prohibited weapons.
The police seized 156.7 grams of fentanyl, some mixed with carfentanil and heroin, along with tasers and cash in a residence where the offender's young children lived.
The court weighed the extreme danger of fentanyl and the presence of weapons against the offender's guilty plea, lack of prior record, and harsh pre-sentence custody conditions.
A global sentence of 8 years was imposed, reduced by 740 days of enhanced credit for pre-sentence custody.
Charter motion to exclude drugs dismissed; strip search justified during warrant execution.
The accused brought a Charter application under s. 24(2) seeking exclusion of drugs seized from his clothing during execution of a search warrant at a residence suspected of drug trafficking.
Police detained the accused after observing marijuana, cash, and a crack pipe in plain view, conducted a pat-down, and then performed a strip search based on prior knowledge that the accused concealed drugs on his person.
The accused argued the search was unconstitutional and that the resulting evidence should be excluded.
The court found the detention, arrest, and search were supported by reasonable and probable grounds and that the strip search was justified in the circumstances.
Even if there had been a breach, the evidence would not be excluded under the s. 24(2) analysis.
