S. Curtis

The offender pleaded guilty to possession of cocaine, heroin, and Oxycodone, each for the purpose of trafficking.

He was arrested in January 2009 after police surveillance observed approximately 25 persons visiting his central Toronto apartment within a four-hour period.

A search warrant yielded significant quantities of various drugs, drug paraphernalia, scales, baggies, and a debt list.

The offender, a 50-year-old first-time offender with no prior criminal record and no substance dependencies, had complied strictly with bail conditions for nearly three and a half years.

The Crown proposed a two-year reformatory sentence, while the defence sought a conditional sentence.

The court rejected the conditional sentence, finding that general deterrence and denunciation were the paramount sentencing objectives, and imposed an 11-month custodial sentence followed by one year of probation with community service requirements.

The offender was convicted after trial of importing approximately 20.2 kilograms of marihuana into Canada contrary to s. 6(1) of the Controlled Drugs and Substances Act.

The offender acted as a courier and had no criminal record, stable employment, and positive community involvement, but showed no remorse and committed the offence while accompanied by a young child.

The court reviewed authorities addressing sentencing ranges for cannabis importation and distinguished the sentencing approach for marihuana from harder drugs such as cocaine, noting the domestic supply and lower relative harm.

Despite recognizing a sentencing range extending as low as 12 to 15 months in appropriate cases, the court found that the large quantity and commercial nature of the importation warranted a custodial sentence.

A conditional sentence was rejected due to the significant quantity involved and the need for denunciation and general deterrence in border importation offences.

The offender was convicted of multiple counts of trafficking cocaine, possessing proceeds of crime, offering to transfer a firearm, and possession for the purpose of trafficking following an undercover police operation.

The Crown sought a global sentence of five to six years, while the defence proposed a conditional sentence of two years less a day.

The court weighed the aggravating factors of the large quantity of cocaine sold against the offender's significant community volunteer work, minor dated record, and compliance with bail.

The court imposed a global sentence of three years in penitentiary, along with a ten-year weapons prohibition and a DNA order.