Nora L. Lapp

The appellant was arrested for possession of oxycodone for the purpose of trafficking, and his truck was seized as offence-related property.

The assignee of the conditional sales contract for the truck, Ally Credit Canada Limited, applied for its return under s. 490 of the Criminal Code.

On the application date, the appellant's counsel's assistant requested an adjournment, which the application judge refused, ordering the truck returned to Ally.

The appellant appealed the order.

The Summary Conviction Appeal Court dismissed the appeal, finding that the application judge did not err in refusing the adjournment and that Ally had established it was entitled to possession of the truck due to the appellant's breach of the contract.

The offender was convicted by a jury of conspiracy to export ecstasy and marihuana, possession of proceeds of crime, and possession of cocaine and ecstasy for the purpose of trafficking.

The Crown sought a penitentiary term of 5 to 6.5 years, while the defence sought a conditional sentence, emphasizing the offender's recent motherhood and ADHD diagnosis.

The court found that while the offender's role was integral, she was not a principal in the operation.

Balancing the gravity of the offences with her personal circumstances, the court imposed a total penitentiary sentence of 30 months.

During a trial involving wiretap evidence, the accused brought an application for a stay of proceedings after all evidence had been called and closing addresses completed.

The accused alleged that the Crown failed to disclose contact information and particulars regarding two individuals, which impaired his ability to make full answer and defence.

The court dismissed the application, finding that the accused failed to pursue disclosure diligently, did not establish prejudice, and that a stay of proceedings is a remedy of last resort not justified in these circumstances.

The offender was convicted of multiple serious drug offences, including importing cocaine and exporting ecstasy, as well as firearms offences.

At sentencing, the defence argued that the offender's difficult youth in a crime-ridden neighbourhood as an African Canadian should mitigate his sentence, analogous to the Gladue principles for Aboriginal offenders.

The court rejected this argument, finding no evidentiary link between his early childhood and his commercial drug enterprise at age 40.

Applying the totality principle, the court imposed a global sentence of 15 years, reduced by 6 years for pre-trial custody.

The offender was convicted after trial of conspiracy to export MDMA and possession of MDMA for the purpose of exportation under the Controlled Drugs and Substances Act.

The evidence established participation as a principal intermediary in a large-scale scheme exporting tens of thousands of ecstasy pills from Canada to the United States.

The court emphasized the scale of the operation, the substantial potential profits, and the need for general deterrence in commercial drug trafficking involving international exportation.

Although the offender had no prior criminal record and had supportive personal circumstances, the court found that only a custodial sentence would be proportionate.

Concurrent six-year penitentiary terms were imposed along with firearms prohibition and DNA orders.

The appellant appealed his convictions for importing narcotics, arguing that the trial judge erred in his jury instructions regarding the assessment of witness credibility, the appellant's videotaped statement, and the position of the defence.

The Court of Appeal dismissed the appeal, finding that the instructions on credibility and the videotaped statement were fair and did not subject the appellant's statement to special scrutiny.

Although the trial judge's summary of the defence position was brief, the single issue of lack of knowledge was made crystal clear to the jury throughout the charge.