The accused were convicted after trial of trafficking in cocaine contrary to s.5(1) of the Controlled Drugs and Substances Act following police surveillance and the seizure of approximately one kilogram of cocaine.
The court dismissed a Charter application seeking to exclude the drug evidence and registered convictions after the defence conceded the Crown had proven the charges while preserving not‑guilty pleas for appeal purposes.
In determining sentence, the court emphasized the serious nature of cocaine trafficking, the commercial motivation for the offence, and the significant quantity involved.
Aggravating factors included participation as part of a trafficking team and the kilogram quantity of cocaine, while limited mitigation arose from the focused litigation of legitimate Charter issues and admissions that streamlined the trial.
Sentences of six and a half years’ imprisonment for one accused and six years for the co‑accused were imposed, together with ancillary DNA and firearms prohibition orders.
