Court of Appeal for Ontario
Before: MacFarland, Rouleau and Epstein JJ.A.
Between:
Her Majesty the Queen
Respondent
And
David Dean Francis
Appellant
Counsel:
Sam Scractch for the appellant
Maureen McGuire for the respondent
Heard: March 19, 2008
On appeal from the conviction entered by Justice Bonnie Wein of the Superior Court of Justice dated January 20, 2006 and from the sentence imposed by Justice Wein dated March 3, 2006.
APPEAL BOOK ENDORSEMENT
1This was a one issue trial whether the cocaine was for personal use or for trafficking.
2The Crown led evidence of several conversation's between the undercover officer and the accused preceding the seizure of drugs from the appellant. At trial the defence hi-lighted the absence of any mention of price in these discussions.
3On appeal the appellant submits that the trial judge erred in allowing expert evidence in relation to drug conversations and specifically that it is not uncommon for price not to be mentioned.
4We disagree. In our view this evidence met the Mohan criteria. It was evidence of an element of the custom of the trade in street level trafficking and went directly to an issue raised by the defence. It was therefore relevant and provided the trier of fact a more complete picture. See R. v. K.(A.) (1999), 137 C.C.C. (3d) 225 at para. 110.
5In our view this evidence did not in any way prejudice the appellant. We see no error in the way the trial judge dealt with this evidence in her charge.
6The appeal is dismissed.