Court of Appeal for Ontario

Citation: R. v. Francis, 2008 ONCA 211

Date: 2008-03-28

Docket: C45994

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

[1] This was a one issue trial whether the cocaine was for personal use or for trafficking.

[2] The 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.

[3] On 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.

[4] We 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.

[5] In 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.

[6] The appeal is dismissed.