The accused pleaded guilty to trafficking in marijuana contrary to the Controlled Drugs and Substances Act, selling unstamped tobacco under the Excise Act, 2001, and possession of proceeds of crime under the Criminal Code.
The offences arose from a police undercover investigation involving contraband tobacco and drug trafficking, where the accused facilitated multiple transactions involving significant quantities of marijuana and tobacco.
The defence sought a conditional sentence due to the accused’s lack of criminal record, family support, and serious medical issues, while the Crown sought a custodial sentence emphasizing denunciation and deterrence.
The court held that the gravity of the offences and the accused’s significant role in commercial trafficking required a custodial sentence despite health concerns.
The medical condition warranted some reduction within the sentencing range but did not justify a conditional sentence.
