The accused was charged with unlawful possession of Fentanyl (two grams), a Schedule I controlled substance, contrary to Section 4(1) of the Controlled Drugs and Substances Act.
The Crown sought a custodial sentence of 30 days with two years' probation.
The defence sought a conditional discharge with probation.
The court granted a conditional discharge with two years' probation, finding that despite the seriousness of Fentanyl as an aggravating factor, the exceptional circumstances of the case—including the accused's status as a first offender, his addiction stemming from legitimate medical treatment for serious injuries and medical conditions, his substantial rehabilitation efforts including methadone treatment, his educational advancement, and the jeopardy to his employment prospects—warranted a discharge rather than conviction.
