COURT OF APPEAL FOR ONTARIO
Trotter, Zarnett and Copeland JJ.A.
BETWEEN
His Majesty the King
Respondent (Respondent)
and
Karan Kaushish
Applicant (Appellant)
Robert Christie, for the appellant
Ostap Melnik, for the respondent
Heard and released orally: June 29, 2026
On appeal from the sentence imposed by Justice Jennifer Woollcombe of the Superior Court of Justice, on May 29, 2024.
REASONS FOR DECISION
1The appellant appeals from a twenty-month jail sentence for possession of 10 grams of heroin for the purpose of trafficking. He argues that the sentencing judge erred in failing to impose a conditional sentence.
2We disagree. While in unusual circumstances it is open to a sentencing judge to impose a conditional sentence for possession of opioids for the purpose of trafficking, the objectives of denunciation and general deterrence will typically require a carceral sentence: see R. v. Woods, 2024 ONCA 664, at para. 6. In this case the sentencing judge conducted a case-specific analysis in determining that a conditional sentence was not appropriate. In light of the standard of review applicable to sentence appeals, we find no basis upon which to intervene.
3Leave to appeal is granted but the appeal is dismissed.
“Gary Trotter J.A.”
“B. Zarnett J.A.”
“J. Copeland J.A.”