Drug Trafficking, Schedule I, Cocaine, Small (Sentencing Cases)

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Digests, Under 5oz/151gr

See also: Drug Trafficking, Schedule I, Cocaine (Sentencing Cases) and Drug Trafficking, Schedule I, Cocaine, Large (Sentencing Cases)
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 street-level trafficker and that this was not a one-time 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 10-year-old 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 part-time. 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 Pre-Sentence Report indicated that Mr. Kaytor was at high risk to re-offend, due to the following factors: substance abuse, peers, self-management, 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 dial-a-dope 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 dial-a-dope 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 full-time 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 dial-a-dope; 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 low-level 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 dial-a-dope 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 one-year 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]