P. Bacchus

The accused was convicted of possession of crack cocaine for the purpose of trafficking contrary to s. 5 of the Controlled Drugs and Substances Act.

The Crown sought a custodial sentence of 9 to 12 months followed by probation, while the defence sought a conditional sentence of 18 to 24 months.

The court considered the principles of sentencing under ss. 718, 718.1 and 718.2 of the Criminal Code and the factors in s. 10 of the CDSA.

Emphasizing the accused’s lack of criminal record, compliance with bail, supportive community ties, and low risk of reoffending, the court concluded that a community-based sentence was appropriate.

A conditional sentence of 20 months with house arrest followed by curfew conditions was imposed.

The accused brought Charter applications alleging infringements of their rights under sections 7, 8, 9, 10(a), and 12 during a police vehicle take down and subsequent strip searches.

The police had relied on confidential informant information and surveillance to arrest the accused for drug trafficking.

The court found that the police had reasonable and probable grounds for the arrests and the search warrant.

While the court held that one of the accused's section 8 rights was infringed because she was left completely naked for five minutes during a strip search at the police station, the court declined to stay the proceedings or exclude the evidence under section 24(2) of the Charter, finding the police conduct was not in bad faith and the evidence was crucial to the prosecution.

The accused was charged with being a party to a robbery and possession of stolen property.

The Crown alleged she aided the principals of a $250,000 jewellery robbery by renting a vehicle used as a scout and getaway car.

The case was entirely circumstantial.

The court found that the cumulative effect of the evidence, including her association with the principals and presence during the arrival of the stolen goods, led to the inexorable inference that she knew of the robbery and intended to aid it.

She was found guilty of the robbery charges but acquitted of possessing stolen travellers' cheques found in her vehicle due to lack of evidence of knowledge.

The applicants, jointly charged with trafficking in cocaine, brought applications to stay the charges under s. 11(b) of the Charter, alleging unreasonable delay.

The total delay from arrest to trial was approximately 28 months.

The court applied the Morin framework and found that the institutional delay of 15 months was within acceptable limits, considering the inherent time requirements of a joint trial and the actions of the accused.

The court also found minimal prejudice to the applicants.

The applications for a stay were dismissed.