R. Tremblay

The offender, a 68-year-old first-time offender, was convicted by a jury of importing 8.365 kg of cocaine into Canada.

The Crown sought a sentence of seven years, while the defence sought a net sentence of 38.6 to 45.3 months, arguing for enhanced credit due to harsh pre-sentence custody conditions and the offender's age and health.

The court determined that the harsh conditions of pre-sentence custody should be treated as a mitigating factor (a Duncan credit) rather than a mathematical deduction.

Balancing the aggravating factors of the large quantity of drugs and profit motive against the mitigating factors of age, health, and harsh custody conditions, the court imposed a sentence of seven years, less 653 days of Summers credit, resulting in a net sentence of 62.5 months.

The accused was convicted in absentia of importing 1.8 kilograms of cocaine after absconding prior to her retrial.

The Crown sought a sentence of six years' imprisonment.

The court considered the gravity of the offence, the significant amount of cocaine, and the accused's personal circumstances as a first-time offender acting as a drug mule.

Finding no exceptional circumstances to justify a downward departure from the established sentencing range, the court sentenced the accused to six years' imprisonment.

The Crown brought an application under section 475 of the Criminal Code to proceed with the accused's trial in absentia.

The accused, facing a charge of importing cocaine, had previously raised pseudolaw jurisdictional arguments which were dismissed.

On the day of trial, the accused refused to be arraigned, stormed out of the courtroom, and could not be located by police.

The court found that the accused had absconded for the purpose of frustrating the proceedings and that the trial had already commenced with the hearing of pretrial motions.

The application was granted, and the trial was ordered to proceed in absentia.

The accused was tried in absentia for importing cocaine after 1.8 kilograms of the drug were found concealed in professionally packaged food items in her luggage upon her return from Jamaica.

The Crown proved the actus reus beyond a reasonable doubt.

The court rejected the possibility that the accused was a blind courier, inferring her knowledge of the drugs from their high street value and the sophisticated method of concealment.

The accused was found guilty as charged.

The offender was convicted by a jury of importing 4.3 kilograms of cocaine into Canada.

She travelled from Jamaica with her two young children, whose presence the court found was used as a cover to lessen the chances of detection.

The court rejected arguments that the offence was not for personal gain, that systemic racial biases applied, or that exceptional circumstances warranted a departure from the standard sentencing range.

The offender was sentenced to 7 years' incarceration, less 9 days for pre-sentence custody.