Richard A. Fedorowicz

The appellant was convicted of possession of heroin and cocaine for the purpose of trafficking and possession of proceeds of crime.

He appealed his convictions, challenging the validity of search warrants executed at two properties.

The Court of Appeal upheld the trial judge's findings that the appellant lacked standing to challenge the search of a garage where he only had a key and permission to store tools, as he had no reasonable expectation of privacy.

The Court also upheld the validity of the search warrant for his residence, finding that detailed information from a confidential informant, corroborated by police surveillance of hand-to-hand transactions, provided reasonable and probable grounds for the warrant.

The appeal was dismissed.

The appellant appealed his convictions for robbery and firearm-related offences, as well as his 11-year sentence.

He argued the trial judge misapprehended medical and gunshot residue evidence, and applied uneven scrutiny to the defence evidence.

The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge's assessment of the evidence.

On the sentence appeal, the court upheld the 11-year sentence as fit but granted leave to vary the pre-sentence custody credit to 1.5:1 in accordance with R. v. Summers.

The appellant appealed his global sentence of 14 months and 28 days for six offences, including possession of hydromorphone for the purpose of trafficking.

He argued the sentencing judge failed to weigh mitigating factors such as his mental health and addiction, and that the sentence was harsh and excessive.

The Court of Appeal dismissed the appeal, finding no error in the judge's consideration of the appellant's significant criminal record and noting that hydromorphone trafficking attracts serious sentences.