S. Newbould

The offender was convicted of possession of one kilogram of methamphetamine for the purpose of trafficking after being found with the drugs in the footwell of a vehicle.

The Crown sought a five-year sentence, while the defence sought 30 months to three years.

The court weighed the significant quantity of drugs as an aggravating factor against the offender's lack of a prior criminal record, family support, and addiction issues as mitigating factors.

Emphasizing denunciation and deterrence, and relying on appellate guidance for similar offences, the court sentenced the offender to five years' imprisonment.

The accused applied under s. 276.1 of the Criminal Code for permission to adduce evidence of prior sexual activity with the complainant in a pending jury trial for sexual assault and related assault charges.

The defence argued the evidence was relevant to consent and honest but mistaken belief in consent.

The court held the accused failed to establish that the proposed evidence related to specific instances of sexual activity and failed to demonstrate that its probative value outweighed the risk of prejudice to the proper administration of justice under s. 276(2).

The judge found the proposed evidence risked inviting impermissible reasoning that prior sexual activity made consent more likely.

The application was dismissed.