Steve Coroza

The appellant appealed her conviction for importing cocaine, arguing the trial judge's verdict was unreasonable due to misapprehension of evidence, reliance on improper factors in assessing credibility, and failure to consider defence submissions.

The Court of Appeal dismissed the appeal, finding that the trial judge carefully reviewed a wide range of factors, her credibility findings were supported by the evidence, and she had properly considered counsel's submissions.

The appellant was convicted of trafficking and possession for the purpose of trafficking in cocaine.

During the trial, hearsay evidence regarding the seizure of buy money from the appellant was admitted in anticipation of a Crown witness who was ultimately not called.

The trial judge refused a mistrial application and instructed the jury that there was no evidence of buy money being found on the appellant.

On appeal, the appellant argued a mistrial should have been declared and that the jury charge was inappropriate.

The Court of Appeal dismissed the appeal, finding no tactical prejudice and concluding that the jury charge adequately addressed the issue and was arguably generous to the appellant.

The appellant appealed her custodial sentence for cocaine trafficking.

The trial judge had rejected a conditional sentence on the basis that general deterrence and denunciation required a custodial sentence.

Relying on the Supreme Court of Canada's decision in R. v. Proulx, the Court of Appeal held that general deterrence and denunciation can be met by a conditional sentence even in cocaine trafficking cases.

Given the appellant's full rehabilitation over four years on bail, the appeal was allowed and the sentence varied to a 13-month conditional sentence.