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The court dismissed constitutional challenges to drug sentencing provisions and sentenced the offender to two years less a day for cocaine importation offences.
The offender was convicted by a jury of three counts related to importing 198 grams of cocaine: possession for the purposes of trafficking, conspiracy to import, and conspiracy to possess for the purposes of trafficking.
Counsel for the offender sought a conditional sentence and challenged the constitutionality of provisions in the Controlled Drugs and Substances Act and the Criminal Code that preclude conditional sentences for these offences and set a maximum sentence of life imprisonment.
The Crown sought 2.5 years incarceration and opposed the constitutional challenges.
The court dismissed the constitutional challenges, finding that the exclusion of conditional sentences was a reasonable legislative choice and that the maximum sentence of life imprisonment was not unconstitutional.
Considering mitigating and aggravating factors, the court imposed a concurrent sentence of two years less a day on each count, with three days credit for pre-sentence custody.
The court found the aggravating facts of a domestic assault, including the use of a knife, proven beyond a reasonable doubt.
B.L.P. pleaded guilty to aggravated assault.
A Gardiner hearing was held to determine aggravating facts for sentencing, specifically whether a knife was used during the assault on the complainant, A.W. The court assessed conflicting testimonies from the complainant and the accused, along with physical evidence.
The court found the complainant's testimony credible and the accused's inconsistent, concluding that the aggravating facts, including the use of a knife, were proven beyond a reasonable doubt.
