Drug Trafficking, Schedule I, Cocaine, Small (Sentencing Cases)
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Digests, Under 5oz/151gr
Case Name  Sentence  Drug / Quant.  Summary 

R v Murphy, 2019 NSSC 105 (CanLII), per Roskinski J 
2 years (after remand credit) 2 years probation 
6.2 g cocaine  "The offender had been found guilty following a trial of possession of 17 chunks of crack cocaine weighing 6.2 g with an approximate street value of $510$620. The Court found that he was a streetlevel trafficker and that this was not a onetime situation. He had an unrelated, but extensive youth and adult criminal record, with several serious property offences and failing to attend court, but only one prior section 4(1) CDSA possession charge... [He] was 35 years old with a 10yearold son who lived with his parents.... " [1] 
R v Safaye, 2017 MBQB 217 (CanLII), per Greenberg J 
4 years  4.5 gr cocaine and crack  
R v Fuller, 2017 ABCA 361 (CanLII), per Rosborough JA 
18 months  1 gr cocaine  The offender was 30 years old with two children. He had two prior convictions relating to marijuana. 
R v Casey, 2017 NSPC 55 (CanII), per P Williams CJ 
Suspended Sentence, 3 years  .23 gr crack cocaine  The offender pled guilty to selling crack cocaine to an undercover officer. He was 21 years old with a prior record for impaired driving. He was involved in community activities. 
R v Felix, 2017 SKCA 16 (CanLII), per Jackson JA 
"[T]he accused pled guilty to one count of trafficking in cocaine. The accused was at a bar and was approached by an acquaintance who said two women wanted to meet him. He joined the women and was attracted to one of them. One of the women asked the accused if he had some cocaine. He told her he did not and she asked him if he could get her some. The accused, who was not a user of cocaine, approached someone who gave him a dealer’s phone number. After making contact with the dealer, Mr. Felix went with the women and bought them 1.6 grams of cocaine with $200 supplied by them. The accused did all this to impress one of the women because he was attracted to her. To the accused’s disappointment, the women drove away. The accused retained none of the cocaine and received no money or reward for the transaction. Roughly a week later, one of the women contacted the accused seeking more drugs. He gave her a phone number but did not meet them again and did not acquire any further drugs for them. The women were undercover police officers. He was arrested and charged with one count of trafficking in cocaine. ... The accused was a First Nations person who had suffered many of the Gladue factors. At the time of the offence he was vulnerable. He had no prior criminal record. He was assessed at the 17th percentile to reoffend." [2]  
R v Ameeri, 2016 BCSC 1187 (CanLII), per Kent J 
90 days  
R v Kaytor, 2015 SKQB 105 (CanLII), per McMurtry J 
"the accused was convicted of one count of trafficking cocaine; one count of possession for the purpose of trafficking; and, one count breach of recognizance. At the time of sentencing, Mr. Kaytor was 35 years old. He had a lengthy criminal record, including robbery, possession of a weapon, drug possession, impaired driving and a number of convictions for breaches of court orders. Mr. Kaytor had his GED and various trade certificates. He was employed parttime. His main family support was his mother – he was unmarried and had no children. In regards to the trafficking offence, Mr. Kaytor responded to a police agent seeking to buy cocaine. He sold the undercover police officer one gram of cocaine for $80.00. He was arrested two months after the sale. The remaining offences occurred later. On that date, Mr. Kaytor was stopped by the police in his vehicle. He was arrested for breaching a condition of his recognizance; that he maintain a curfew; and, during a search permitted by his recognizance, the police located five ounces, or 140 grams, of cocaine. The writer of the PreSentence Report indicated that Mr. Kaytor was at high risk to reoffend, due to the following factors: substance abuse, peers, selfmanagement, employment, residence instability, and, his attitude towards offending. At the time of sentencing, Mr. Kaytor had spent the equivalent of 22 months in custody. " [3]  
R v Dunn, 2015 CanLII 18743 (NL SCTD), per Burrage J 
2 years less a day CSO  131 grams  The offender had a prior conviction for trafficking in marijuana. He was 26 years old at the time and was supporting his child and mother. 
R v Way, 2015 NSSC 14 (CanLII), per Coughlan J 
2 years, 1 month  50g cocaine  The offender was convicted for possession for the purpose of trafficking. The offender was arrested in his vehicle. He had a cell phone and over $700 in cash on him. His residence was searched and they found approximately 50 g of cocaine, scales, dime bags and score sheets. He was 21 years old with a high school education. He had a positive work history. He had no criminal record and family support. 
R v Arcand, 2014 SKPC 12 (CanLII), per Daunt J 
90 days  32.7 grams  Offender found in residence with cocaine. Admits to selling out of house with her partner. 
R v Howell, 2013 NSCA 67 (CanLII), per Beveridge JA 
2 years less a day CSO  1 gram  
R v Corcho, 2013 ONSC 1779 (CanLII), per Strathy J 
6 months CSO  0.27 gr  
R v Dexter, 2013 SKQB 18 (CanLII), per Gunn J 
13 months  11 gr  
R v Agecoutay, 2012 SKPC 186 (CanLII), per Cardinal J 
15 months CSO  1.5 gr  Offender was remorseful and broke ties from gang. 
R v McCallum, 2012 SKPC 162 (CanLII), per Harradence J 
20 months CSO  $80 worth  
R v McIntyre 2012 SKCA 111 (CanLII), per Richards JA 
10 months  $280 worth  Offender part of a dialadope operation, caught selling to undercover twice. 
R v Coss 2012 MBQB 272 (CanLII), per Greenberg J 
4 years  ~85 grams  
R v Peddie 2012 ABPC 238 (CanLII), per AJ Brown J 
2 years less a day CSO  3 small pieces of crack  sold crack to undercover three times 
R v Ahmed 2012 ABPC 191 (CanLII), per AJ Brown J 
2 years  50 grams  
R v Dzienis 2012 ONCJ 442 (CanLII), per Cole J 
18 month CSO  28.75 grams  
R v Abdi Fatah Mahamad 2012 ONSC 3641 (CanLII), per O'Marra J 
16 months CSO  6.6 grams  sold crack to undercover officer three times 
R v Fowler 2012 SKPC 93 (CanLII), per Harradence J 
18 months CSO  10 cc  
R v Shawile 2012 SKCA 51 (CanLII), per Herauf JA 
18 months  54 grams  overturned CSO 
R v Shusterman 2012 BCSC 362 (CanLII), per Romilly J 
1 year  29 grams  cocaine trafficking 
R v Carvery 2012 NSSC 49 (CanLII), per Robertson J 
2 years  4.4 g  two counts trafficking 
R v Barrick 2012 BCCA 83 (CanLII), per Tysoe JA 
6 to 7.5 months  2 to 4g  trafficking one two occasions 
R v Robinson 2012 ONCA 50 (CanLII), per curiam 
12 months    
R v Taylor 2012 CanLII 1915 (NL SCTD), per Dymond J 
16 months CSO  warden smuggling in cocaine into prison  
R v L.C. 2011 NSPC 35 (CanLII), per Derrick J 

R v Tolliver 2011 NSSC 54 (CanLII), per Kennedy CJ 

R v Mullins 2011 SKQB 478 (CanLII), per Zarzeczny J 
30 months  29.9 g  also had 13,000g of marijuana and $20k+ of cash 
R v Do 2011 ABQB 749 (CanLII), per Lee J 
30 months  .7 grams  cocaine trafficking 
R v Kane 2011 NLTD 159 (CanLII), per Faour J 
2 years less CSO  conspiracy to traffick in cocaine and marijuana  
R v Pham 2011 ABQB 647 (CanLII), per Burrows J 
2 years less a day CSO  over 10 year old charge  
R v Simmonds 2011 NLTD 135 (CanLII), per Goodridge J 
7 months, 14 days  32 grams  
R v Hussseinali 2011 ABPC 270 (CanLII), per Barley J 
1 year  .5 grams  
R v Kassim 2011 ABPC 266 (CanLII), per Barley J 
2 years less CSO  1.2 grams  
R v Pitts 2011 NSPC 60 (CanLII), per Whalen J 
2 years  60 grams  age 31; limited record; diabetes 
R v Speziale 2011 ONCA 580 (CanLII), per Armstrong JA 
14 months  < 15 gr  age 29; appeal from 5 years 
R v Liparoti 2011 ABCA 250 (CanLII), per curiam 
18 mo CSO  small quantity of crack  69 days remand; "exceptional" circumstances 
R v Gosselin 2011 NWTTC 15 (CanLII), per Malakoe J 
9 months  3 gr  
R v Schmidt 2011 ABCA 211 (CanLII), per curiam 
2 years less a day jail  18 mo for two incidents appealed  
R v Dow 2011 ABCA 38 (CanLII), per Rowbotham JA 
30 months  50gr cocaine; other drugs as well  appealed 2 year CSO 
R v Chalifoux 2010 ABCA 237 (CanLII), per Côté JA 
4 years  81 grams of cocaine; 180 morphine tablets; 148 grams of marijuana 
CSO appealed; 
R v Conyers 2010 ABQB 520 (CanLII), per Macleod J 
2 years less CSO  1.8 grams  
R v Strickland 2010 NLTD 2 (CanLII), per Handrigan J 
16 months  9.6 grams of cocaine; 66 ecstasy pills  
R v Harrison 2009 ONCA 386 (CanLII), per curiam 
12 months  8.95 gr cocaine  
R v Allison 2009 NSSC 264 (CanLII), per Cacchione J 
30 mo  
R v Walkley 2009 BCCA 87 (CanLII), per Ryan JA 
15 months  2 oz cocaine  The offender pleaded guilty to trafficking in cocaine. He had held himself out to be the boss of a dealer who sold 2 oz of cocaine to an undercover officer. He was 21 years old with no criminal record and 23 at the time of sentence. 
R v Conway 2009 NSCA 95 (CanLII), per Bateman JA 
18 months  elderly offender  
R v Blais 2009 ABQB 103 (CanLII), per Sullivan J 
3 years  141 gr of cocaine (part crack part powder)  fully employed, some record for violence and breaches. 
R v Sampson 2009 NSSC 165 (CanLII), per Wright J 

R v Balon 2009 SKQB 233 (CanLII), per Zarzeczny J 
12 months CSO  30 grams  
R v McDougall 2009 BCSC 126 (CanLII), per Scarth J 
6 mo and probation  3 gr cocaine  dialadope operation; clean for 2 years 
R v Hashem 2008 SKQB 220 (CanLII), per Zarzeczny J 
18 months  30 g  
R v Barrett 2008 NLCA 23 (CanLII), per Welsh JA 
2 years less a day CSO  5 counts trafficking  
R v Von Hagen, 2008 SKCA 123 (CanLII), per Lane JA 
18 mo CSO  4 gr of crack cocaine; 11 gr marijuana  "the offender was 18 years old and had no record. She visited her boyfriend, an inmate at a penitentiary, with four grams of cocaine (street value $360) and 14 grams of marihuana (street value of $200) secreted in a body cavity. She had delivered the drugs under duress and, since the offence, had moved to another city, ended her relationship with the boyfriend and secured fulltime employment. The Court of Appeal set aside a jail term and substituted an 18 month conditional sentence." [4] 
R v Alibhai 2008 BCSC 1549 (CanLII), per Ehrcke J 
9 mo  22.7 gr of crack cocaine  low level dialadope; some record; no addiction issues 
R v Klassen 2008 YKTC 64 (CanLII), per Faulkner J 
4 months  0.4 g crack  
R v Powland 2008 ABPC 273 (CanLII), per LeGrandeur J 
12 months CSO  60 grams  
R v Draskoczi 2008 NWTTC 12 (CanLII), per Schmaltz J 
18 mo  1 gr crack  33 year old; lengthy criminal record including 2 counts of possession for purposes of trafficking 
R v Dunbar 2008 NSPC 57 (CanLII), per Derrick J 
16 months after 14 mo credit  5.5 gr crack cocaine  long record; low level dealer 
R v Cheung 2008 BCSC 1834 (CanLII), per Loo J 
1 year CSO  3.4 grams  low level dial a dope operation; 
R v Johnson 2008 BCSC 1162 (CanLII), per Barrow J 
8 months  3.6 grams  
R v Steeves 2007 NSCA 130 (CanLII), per Oland JA 
2 years, 6 months  77g coke; 100 ecstasy pills  29 years old, 2 children; neurological disorder; overturn CSO 
R v Bowen 2007 ABCA 40 (CanLII), per Read J 
14 months CSO  1 gram  
R v Sawatsky 2007 ABCA 353 (CanLII), per Martin JA 
42 months  appeals 2 year CSO  
R v Desjarlais 2007 NWTSC 23 (CanLII), per Richard J 
12 months  21 gr  
R v Jaber 2007 ABCA 383 (CanLII), per Paperny JA 
2 years less CSO  1 gram  
R v Lee 2007 ABCA 288 (CanLII), per O'Brien JA 
2 years less CSO  4 grams  
R v Glasgow 2007 NSSC 370 (CanLII), per Cacchione J 

R v Lennartsson 2006 ABCA 189 (CanLII), per Fruman JA 
cocaine sold to undercover officer  
R v Young 2006 ABPC 94 (CanLII), per Fraser J 
2.5 years  28 gr  
R v Lever 2006 BCSC 979 (CanLII), per Meiklem J 
6 months  3.5 gr  
R v Johnson 2006 CanLII 18353 (ON C.A.), per curiam 
possession for purpose of trafficking  
R v Dodd 2006 CanLII 1911 (ON C.A.), per curiam 
2.5 years after 9 months remand  
R v Lively 2006 NSSC 274 (CanLII), per Gruchy J 
25 months  15 gr  
R v Turner 2006 NWTSC 6 (CanLII), per Paul J 
11 mo  1 gr crack  22 year old; no criminal record 
R v Gibbon 2006 BCCA 219 (CanLII), per Ryan JA 
4 years  
R v Saari 2006 BCCA 288 (CanLII), per Levine JA 
crack cocaine  lowlevel dial a dope  
R v Do 2006 BCCA 492 (CanLII), per Ryan JA 
8 months  
R v Kerr 2006 BCPC 144 (CanLII), per Ellan J 
15 months  dialadope cocaine  
R v Sparks 2005 NSSC 175 (CanLII), per Moir J 

R v Coombs 2005 NSSC 90 (CanLII), per Cacchione J 
12 months CSO  50 g crack  
R v Bui [2004] OJ No 3452 (C.A.), 2004 CanLII 7201 (ON CA), per curiam 
18 months  7 grams  
R v Panousis 2004 ABCA 211 (CanLII), per Fraser CJ (2:1) 
2 years less CSO  6 grams  
R v Shaw 2004 ABPC 217 (CanLII), per AJ Brown J 
2 years less CSO  .55 grams  
R v McCrae 2003 ABPC 93 (CanLII), per Sully J 
15 months  90 grams  18 year old with no record 
R v Klyne 2003 SKPC 95 (CanLII), per Snell J 
2 years less a day CSO  5 oz  trafficked to undercover officer 8 times. Also trafficking in 20gr of marijuana 
R v Keizer 2003 NSSC 128 (CanLII), per Wright J 

R v Tokic 2002 NSSC 54 (CanLII), per Murphy J 

R v Dawe 2002 NSCA 147 (CanLII), per Hamilton JA 
15 months  4 grams cocaine and 200g hashish  
R v Salih 2002 ABPC 106 (CanLII), per Semenuk J 
2 years less CSO  4.5g  not addict; knife present 
R v Sudsbury 2002 NSSC 77 (CanLII), [2002] NSJ No. 137, per McDougall J 
2 years less CSO  chronic depression; positive PSR  
R v Fung 2002 CanLII 46191 (MB PC), [2002] M.J. No. 322, per Rubin J 
2 years less CSO  226 g of crack  courier; gambling debt; no record; family 
R v Gronau 2002 ABQB 511 (CanLII), [2002] AJ No 928, per Johnstone J 
2 years less CSO  60 g  no record, working, good PSR 
R v Petrovich [2002] AJ No 728 (PC) 2002 ABPC 92 (CanLII), per Semenuk J 
2 years less CSO  4.5 gr  4 incidents no addiction; youthful; family support; good PSR 
R v Evans 2002 ABPC 74 (CanLII), per Daniel J 
2 years less CSO  1.5 g  family support, no record, youthful, stopped selling before arrested 
R v Taleb 2002 ABPC 130 (CanLII), per Fradsham J 
2 years less CSO  3 g crack  5 transactions, commercial dealing; unrelated record; good PSR 
R v Gray 2001 NSSC 195 (CanLII), per Goodfellow J 

R v Nguyen 2001 BCCA 624 (CanLII), per Ryan JA 
5 months  3.5 grams of cocaine  
R v Rahime 2001 ABCA 203 (CanLII), per curiam 
18 months CSO  3g cocaine  multiple transactions; no record; addiction history; 10 g in simple possession 
R v Provo 2001 NSSC 189 (CanLII), per M MacDonald ACJ 
2 years less a day CSO  crack  
R v Malcolm [2000] OJ No 4309 (ONCA) (*no CanLII links) 
6 months  0.9 grams  
R v Kozma 2000 BCCA 440 (CanLII), per Newbury JA 
two years less a day CSO  
R v Downey [2000] NSJ No. 311 (NSCA), 2000 NSCA 110 (CanLII), per Roscoe JA 
3 years  
R v Talbot 1999 CanLII 900 (NS SC), (1999) 176 N.S.R. (2d) 316 (S.C.), per Kelly J 

R v Meggo 1998 CanLII 3772 (ON CA), [1998] OJ No 3452 (ONCA), per curiam 
18 months  7 grams  
R v Charlie 1998 CanLII 4446 (BC CA), per Huddart JA 
3 months  crack cocaine $70 worth  
R v Sparks 1993 CanLII 3122 (NSCA), [1993] NSJ No. 448, per Chipman JA 
32 months  four incidents of trafficking, "extreme" record, age 23  
R v Robins 1993 CanLII 3205 (NS CA), (1993), 121 N.S.R. (2d) 254, per Clarke CJ 
18 months  23.57 g  
R v Huskins 1990 CanLII 2399, [1990] NSJ No. 46 (NSCA), per MacDonald JA 
3 years  4 grams  age 42, 29 prior convictions 
R v Smith [1990] NSJ No. 30 (NSCA), 1990 CanLII 2388 (NS CA), per Hart JA 
4 years  2 oz  sold to undercover twice, 2 years for each incident, age 35 [per Hart JA] 
R v Lessard [1990] 59 CCC (3d) 123 (QCCA), 1990 CanLII 3102 (QC CA), per Nichols JA (2:1) 
2 years  age 24; no prior record  
R v Byers, 1989 CanLII 200 (NS CA)] , [1989] NSJ No. 168 (NSCA), per Hart JA 
3 years  6 grams  "The offender had pled guilty to 2 separate sales of 1 g of cocaine and, on the second occasion, 4 grams of cocaine to an undercover officer. The trial judge had ordered oneyear consecutive for each of the offences for a total of two years imprisonment. The Court of Appeal noted, at page 3, that cocaine is a “highly addictive substance” and that it was necessary “to give warning to all those greedy persons who deal in the supply and distribution of the narcotic cocaine that more severe penalties will be imposed even when relatively small amounts of the drug are involved.” The sentence was varied to be 18 months on each of the two counts consecutive for a total of three years in prison." [5] 
R v Downey [1989] NSJ No. 368 (NSCA)(*no CanLII links) 
18 months  4.5 grams  
R v Aikens [1981] 33 N.B.R. (2d) 630 (NBCA)(*no CanLII links) 
6 months  15.3 gr  
R v Maskell (1981) 58 CCC (2d) 408, 1981 ABCA 50 (CanLII), per Moir JA 
3 years  see para 20 [per Moir JA] 