Drug Trafficking, Schedule I, Cocaine (Sentencing Cases)

This page was last substantively updated or reviewed January 2024. (Rev. # 93250)

Digests

See also: Drug Trafficking, Schedule I (Sentencing Cases)
Case Name Prv. Crt. Sentence Drug / Quant. Summary
2023
R v Simon, 2023 QCCQ 436 (CanLII), per Galiatsatos J QC   PC
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Keywords: None
R v Boudreau, 2023 NSSC 131 (CanLII), per Gogan J NS   SC
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Keywords: None
R v Hickey, 2023 NSSC 33 (CanLII), per Brothers J NS   SC
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Keywords: None
R v Wint, 2023 NSSC 412 (CanLII), per J NS   SC
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Keywords: None
R v Chiasson, 2023 NSSC 144 (CanLII), per Norton J NS   SC
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Keywords: None
R v Thomas-Hodges, 2023 NSPC 7 (CanLII), per Williams J NS   PC
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Keywords: None
2022
R v Hickey, 2022 NSSC 235 (CanLII), per Brothers J NS   SC
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Keywords: None
2021
R v Carson, 2021 NSPC 1 (CanLII), per van der Hoek J NS   PC
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Keywords: None
2020
R v Heickert, 2020 NSPC 9 (CanLII), per J NS   PC
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Keywords: None
R v White, 2020 NSCA 33 (CanLII), per J NS   CA 18 months CSO
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Keywords: None
R v Kleykens, 2020 NSCA 49 (CanLII), per Saunders J NS   CA 141 gr
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Keywords: None
2019
R v Mugford, 2019 NSSC 127 (CanLII), per J NS   SC
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Keywords: None
R v Chevrefils, 2019 NSPC 16 (CanLII), per Buckle J NS   PC 10 years imprisonment 250 kg
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Keywords: None
R v Leblanc, 2019 NSSC 192 (CanLII), per Rosinski J NS   SC 5 years 210g (7 ounces) cocaine Street value of between $16,800 - $21,000, over $6,000 cash seized - "firmly within category 3 Fifield (large retailer) - related prior record.
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Keywords: None
R v Murphy, 2019 NSSC 105 (CanLII), per Roskinski J NS   SC 2 years imprisonment
(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.... "

(Quoting from R v Johnston, 2020 NSPC 12)

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Keywords: None
2018
R v Sanchez, 2018 ONSC 1294 (CanLII), per Dunphy J ON   SC 4.5 years (cocaine)
1 year (oxycodone)
9 months (Psilocybin)
6 months (marijuana)

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Keywords: None
R v Hobeika, 2018 ONSC 1293 (CanLII), per Dunphy J ON   SC 7.5 years (cocaine)
1.5 yeras (oxycodone)
9 months (psilocybin)
6 months (marijuana)
1 year (proceeds, laundering)

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Keywords: None
2017
R v Scharf, 2017 ONCA 794 (CanLII), per curiam ON   CA 5 years (trafficking)
1.5 years (weapons)
236 gr The offender was caught trying to flush cocaine down the toilet.
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Keywords: None
R v Carter, 2017 SKQB 74 (CanLII), per Megaw J SK   SC 18 months imprisonment 1 kg cocaine "the accused was convicted of one count of possession of cocaine for purposes of trafficking. At the time of sentencing, Ms. Carter was a 53 year old female with no prior criminal record. Following extensive police surveillance, the accused was found to be in possession of one kilogram of cocaine. This was reported by the Crown to have a value of between $60,000.00 and 80,000.00. The cocaine was found in the accused's car following a search. The accused gave evidence at trial, said she did not know there were any drugs in her vehicle much less that amount of cocaine. This was not accepted. There was no indication that she was involved in the trafficking trade or that she used drugs. In this case, she was acting as a courier to retrieve drugs. Ms. Carter’s involvement as a drug courier was considered to be an aggravating factor in this case. Her age, lack of record, and no prior involvement with drug trafficking were all considered to be mitigating factors. She was sentenced to 18 months’ imprisonment." [1]
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R v Holland, 2017 NSSC 148 (CanLII), per Wright J NS   SC 3.5 years imprisonment (drugs)
5 years imprisonment (firearms)
167 g "The offender had pled guilty to one count of possession of cocaine for the purpose of trafficking contrary to section 5(2) of the CDSA as well as one count of possession of a prohibited or restricted firearm with ammunition contrary to section 95(1) of the Code. A search of the offender’s apartment located 167 g of cocaine, various drug trafficking paraphernalia and a sizable quantity of cash. They also found a 9 mm handgun with ammunition. ... [He] was 36 years old, single but had one child for whom he was paying child support. His parents had separated at an early age and he was raised by his mother, grandmother, his aunt as well as one year in foster care. He had two years of university education and was gainfully employed as a co-owner of two businesses. ...The Pre-Sentence Report was generally positive, and an important mitigating factor was his guilty plea and acceptance of responsibility. However, as an aggravating factor, he had a criminal record of two prior section 5(2) CDSA trafficking convictions and two prior firearm possession convictions under section 91(1) and section 95(1) Code. For those prior offences, which had occurred about 10 years earlier, he had served about three years in jail."
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Keywords: None
R v Safaye, 2017 MBQB 217 (CanLII), per Greenberg J MB   SC 4 years imprisonment 4.5 gr cocaine and crack
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Keywords: None
R v Fuller, 2017 ABCA 361 (CanLII), per Rosborough JA AB   CA 18 months imprisonment 1 gr cocaine The offender was 30 years old with two children. He had two prior convictions relating to marijuana.
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Keywords: None
R v Casey, 2017 NSPC 55 (CanII), per P Williams CJ NS   PC 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.
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Keywords: None
R v Felix, 2017 SKCA 16 (CanLII), per Jackson JA SK   CA "[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]
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Keywords: None
2016
R v Ameeri, 2016 BCSC 1187 (CanLII), per Kent J BC   SC 90 days
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Keywords: None
R v Maynard, 2016 YKTC 51 (CanLII), per Cozens J YK Template:TC
R v Lu, 2016 ONSC 292 (CanLII), per Parfett J ON   SC "the offender was sentenced on several counts, including possession for the purpose of trafficking. The offences stemmed from a large amount and variety of drugs found in the offender's apartment in 2011, including 522 pills containing fentanyl. The offender had a prior related criminal record, was not an addict, and was trafficking for financial gain. He received a total sentence of five years after credit of seven months for some restrictive bail conditions."[3]
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Keywords: None
R v Webster, 2016 BCCA 218 (CanLII), per Frankel JA BC   CA 18 months imprisonment 1 kg cocaine The offender pleaded guilty to possession for the purpose of trafficking. Police were surveilling him and arrested him with about .5 kg of cocaine. His condo had 330 g of cocaine along with drug trafficking paraphernalia such as score sheets, scales, and cash.
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Keywords: None
R v Ovid, 2016 ONSC 2974 (CanLII), per Campbell J ON   SC 3.5 years imprisonment 305 grams
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Keywords: None
R v Amante, 2016 ONCA 16(*no CanLII links) ON   CA 7 years imprisonment 1 kg cocaine, and other drugs
Keywords: None
R v Buttazzoni and Ramlall, 2016 ONSC 1287 (CanLII), per J ON   SC
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Keywords: None
R v Ziaee, 2016 BCSC 1293 (CanLII), per J BC   SC
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Keywords: None
2015
R v Kaytor, 2015 SKQB 105 (CanLII), per McMurtry J SK   SC "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. " [4]
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Keywords: None
R v Dunn, 2015 CanLII 18743 (NLSCTD), per Burrage J NL   SC 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.
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Keywords: None
R v Way, 2015 NSSC 14 (CanLII), per Coughlan J NS   SC 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.
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Keywords: None
2014
R v Wilhite, 2014 ABCA 161 (CanLII), per Martin JA AB   CA 3.5 years imprisonment 8.1 oz Offender was a drug courier. He was seen taking a package of 8.1 oz of cocaine and 1.2 oz of crack cocaine.
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Keywords: None
R v Oraha, 2014 ONCA 359 (CanLII), per curiam ON   CA 9 years imprisonment (global) charged with trafficking MDMA, meth, and cocaine
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Keywords: None
R v Shields, 2014 NSPC 69 (CanLII), per Derrick J NS   PC
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Keywords: None
R v Arcand, 2014 SKPC 12 (CanLII), per Daunt J SK   PC 90 days 32.7 grams Offender found in residence with cocaine. Admits to selling out of house with her partner.
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Keywords: None
R v Fergusson, 2014 BCCA 347 (CanLII), per Frankel JA BC   CA
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Keywords: None
R v Melnyk, 2014 ABCA 344 (CanLII), per J AB   CA
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Keywords: None ||{{{6}}}
R v DiQuinzio, 2014 BCCA 125 (CanLII), per Frankel JA BC   CA 12 years imprisonment tried to buy 50 kg of cocaine from an undercover officer
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Keywords: Conspiracy
2013
R v D'Onofrio, 2013 ONCA 145 (CanLII), per J ON   CA
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Keywords: None
R v Bacon, 2013 BCCA 396 (CanLII), per Chiasson JA {(2:1) BC   CA
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Keywords: None
R v Nagy, 2013 BCCA 419 (CanLII), per Groberman JA BC   CA 4 years 3 kg found trafficking 1kg and was later caught with 2 kg in vehicle. Appeal of 5.5 years allowed for failure to take totality into account.
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Keywords: None
R v David, 2013 NSSC 83 (CanLII), per Duncan J NS   SC 4 years, 5 months (global) Sheriff assists in smuggling in drugs (resin, MDMA, cocaine, prescription drugs) into jail for well-known crime figure
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Keywords: None
R v Field, 2013 NSPC 51 (CanLII), per Derrick J NS   PC
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Keywords: None
R v Howell, 2013 NSCA 67 (CanLII), per Beveridge JA NS   CA 2 years less a day CSO 1 gram
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Keywords: None
R v Corcho, 2013 ONSC 1779 (CanLII), per Strathy J ON   SC 6 months CSO 0.27 gr
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Keywords: None
R v Dexter, 2013 SKQB 18 (CanLII), per Gunn J SK   SC 13 months imprisonment 11 gr
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Keywords: None
2012
R v Huynh, 2012 ABQB 483 (CanLII), per Sullivan J AB   SC 37 months imprisonment 412 gr commercial retailer
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Keywords: None
R v GT, 2012 MBQB 135 (CanLII), per McKelvey J MB   SC 36 months imprisonment 30 oz courier
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Keywords: None
R v Nestbitt, 2012 BCCA 243 (CanLII), per Chiasson JA BC   CA 2 years less a day CSO 17 kg youthful--let his residence be used as a stash house, made deliveries
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Keywords: None
R v Marshall, 2012 ABCA 160 (CanLII), per Watson JA AB   CA 2 years less a day imprisonment 9 oz
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Keywords: None
R v Brown, 2012 MBQB 29 (CanLII), per Simonsen J MB   SC 5 years imprisonment 10 oz attempted to purchase cocaine, gang affiliation.
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Keywords: None
R v Messervey, 2012 CanLII 2507 (NLSCTD), per Goodridge J NL   SC $20,000 fine + probation 10 oz age 55
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Keywords: None
R v Ducharme, 2012 MBCA 35 (CanLII), per Chartier JA MB   CA 5 years imprisonment 1 kg cocaine more than mere courier
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Keywords: None
R v Archibald, 2012 CanLII 11927 (NLSCTD), per Adams J NL   SC 2 years less a day CSO (JR) 1 lb cocaine
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Keywords: None
R v Momprevil, 2012 ONCA 209 (CanLII), per curiam ON   CA 8 years imprisonment $133k worth also convicted of assault CBH and poss'n marijuana
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Keywords: None
R v Kum, 2012 ONSC 1314 (CanLII), per Wein J ON   SC 8 years imprisonment 3 kg
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Keywords: None
R v Oraha, 2012 ONSC 1439 (CanLII), per Archibald J ON   SC 9 years imprisonment 3kg also convicted for trafficking in MDMA and methamphetamine.
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Keywords: None
R v Dew, 2012 MBQB 28 (CanLII), per Burnett ACJ MB   SC 7 to 12 years 2kg and 10 oz over three deals, age 55
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Keywords: None
R v Agecoutay, 2012 SKPC 186 (CanLII), per Cardinal J SK   PC 15 months CSO 1.5 gr Offender was remorseful and broke ties from gang.
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Keywords: None
R v McCallum, 2012 SKPC 162 (CanLII), per Harradence J SK   PC 20 months CSO $80 worth
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R v McIntyre, 2012 SKCA 111 (CanLII), per Richards JA SK   CA 10 months imprisonment $280 worth Offender part of a dial-a-dope operation, caught selling to undercover twice.
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Keywords: None
R v Coss, 2012 MBQB 272 (CanLII), per Greenberg J MB   SC 4 years ~85 grams
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Keywords: None
R v Peddie, 2012 ABPC 238 (CanLII), per AJ Brown J AB   PC 2 years less a day CSO 3 small pieces of crack sold crack to undercover three times
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Keywords: None
R v Ahmed, 2012 ABPC 191 (CanLII), per AJ Brown J AB   PC 2 years imprisonment 50 grams
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Keywords: None
R v Dzienis, 2012 ONCJ 442 (CanLII), per Cole J ON   PC 18 month CSO 28.75 grams
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R v Abdi Fatah Mahamad, 2012 ONSC 3641 (CanLII), per O'Marra J ON   SC 16 months CSO 6.6 grams sold crack to undercover officer three times
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Keywords: None
R v Fowler, 2012 SKPC 93 (CanLII), per Harradence J SK   PC 18 months CSO 10 cc
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Keywords: None
R v Shawile, 2012 SKCA 51 (CanLII), per Herauf JA SK   CA 18 months imprisonment 54 grams overturned CSO
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Keywords: None
R v Shusterman, 2012 BCSC 362 (CanLII), per Romilly J BC   SC 1 year imprisonment 29 grams cocaine trafficking
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Keywords: None
R v Carvery, 2012 NSSC 49 (CanLII), per Robertson J NS   SC 2 years imprisonment 4.4 g two counts trafficking
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Keywords: None
R v Barrick, 2012 BCCA 83 (CanLII), per Tysoe JA BC   CA 6 to 7.5 months 2 to 4g trafficking one two occasions
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Keywords: None
R v Robinson, 2012 ONCA 50 (CanLII), per curiam ON   CA 12 months imprisonment -
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Keywords: None
R v Taylor, 2012 CanLII 1915 (NLSCTD), per Dymond J NL   SC 16 months CSO warden smuggling in cocaine into prison
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Keywords: None
R v Kane, 2012 NLCA 53 (CanLII), per Welsh JA NL   CA 2 years less a day
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Keywords: Conspiracy
2011
R v Qureshi, 2011 ABPC 332 (CanLII), per Malin J AB   PC 9 to 10 years 1,331 gr cocaine
1,625 gr meth
506 ecstasy tablets
connections with organized crime; loaded guns found
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Keywords: None
R v Burrett, 2011 ONCA 565 (CanLII), per curiam ON   CA 7 years imprisonment 2.5 kg The offence occurred over three transactions; joint recommendation; co-accused got 4 years
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Keywords: None
R v Traimany, 2011 MBCA 104 (CanLII), per Chartier JA MB   CA 60 months imprisonment 1 lb
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Keywords: None
R v Bryan, 2011 ONCA 273 (CanLII), per curiam ON   CA 5 to 8 years 1 pound of cocaine no record; guilty plea
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Keywords: None
R v L.C., 2011 NSPC 35 (CanLII), per Derrick J NS   PC
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Keywords: None
R v Tolliver, 2011 NSSC 54 (CanLII), per Kennedy CJ NS   SC
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R v Mullins, 2011 SKQB 478 (CanLII), per Zarzeczny J SK   SC 30 months imprisonment 29.9 g also had 13,000g of marijuana and $20k+ of cash
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Keywords: None
R v Do, 2011 ABQB 749 (CanLII), per Lee J AB   SC 30 months imprisonment .7 grams cocaine trafficking
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Keywords: None
R v Kane, 2011 NLTD 159 (CanLII), per Faour J NL   SC 2 years less a day CSO conspiracy to traffick in cocaine and marijuana
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Keywords: None
R v Pham, 2011 ABQB 647 (CanLII), per Burrows J AB   SC 2 years less a day CSO over 10 year old charge
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Keywords: None
R v Simmonds, 2011 NLTD 135 (CanLII), per Goodridge J NL   SC 7 months, 14 days 32 grams
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Keywords: None
R v Hussseinali, 2011 ABPC 270 (CanLII), per Barley J AB   PC 1 year imprisonment .5 grams
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Keywords: None
R v Kassim, 2011 ABPC 266 (CanLII), per Barley J AB   PC 2 years less CSO 1.2 grams
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Keywords: None
R v Pitts, 2011 NSPC 60 (CanLII), per Whalen J NS   PC 2 years imprisonment 60 grams age 31; limited record; diabetes
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Keywords: None
R v Speziale, 2011 ONCA 580 (CanLII), per Armstrong JA ON   CA 14 months imprisonment < 15 gr age 29; appeal from 5 years
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Keywords: None
R v Liparoti, 2011 ABCA 250 (CanLII), per curiam AB   CA 18 months CSO small quantity of crack 69 days remand; "exceptional" circumstances
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Keywords: None
R v Gosselin, 2011 NWTTC 15 (CanLII), per Malakoe J NWT 9 months imprisonment 3 gr
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Keywords: None
R v Schmidt, 2011 ABCA 211 (CanLII), per curiam AB   CA 2 years less a day jail 18 mo for two incidents appealed
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Keywords: None
R v Dow, 2011 ABCA 38 (CanLII), per Rowbotham JA AB   CA 30 months imprisonment 50gr cocaine; other drugs as well appealed 2 year CSO
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2010
R v Calanza, 2010 MBQB 240 (CanLII), per Oliphant J MB   SC 3 years imprisonment $30k worth mid-level dealer
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Keywords: None
R v Butt, 2010 NSCA 56 (CanLII), per Bateman JA NS   CA 5 years imprisonment 1.2 kg cocaine "The offender had pled guilty to one count of possession for the purpose of trafficking cocaine. Police intercepted a package which was destined for Mr. Butt’s home address which contained two one-kg bricks of cocaine of significant purity. A search of his house located an additional 196 g of powdered cocaine. He claimed to be acting only as a middleman for others operating at higher levels in the drug trade to distribute cocaine to local traffickers. ...[He] was 35 years old and had a prior drug conviction with a lengthy criminal record who claimed to have been involved in the drug trade only to feed his addiction to cocaine. He had told the trial judge that he had turned his life around, planned to upgrade his education, was regularly employed, now drug-free and was receiving chemotherapy for non-Hodgkin’s lymphoma. A post-sentence report indicated that most of what he had told the trial judge was not true and that he had continued to offend up to the month before the sentencing hearing." [5]
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Keywords: None
R v John Preston Kuenzler, 2010 ONSC 4016 (CanLII), per Kiteley J ON   SC 4 years imprisonment 880.32 g cocaine;
15,348.98 g marijuana
other drugs

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Keywords: None
R v Oddleifson, 2010 MBCA 44 (CanLII), per J MB   CA
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Keywords: None
R v Chalifoux, 2010 ABCA 237 (CanLII), per Côté JA AB   CA 4 years imprisonment 81 grams of cocaine;
180 morphine tablets;
148 grams of marijuana
CSO appealed;
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Keywords: None
R v Conyers, 2010 ABQB 520 (CanLII), per Macleod J AB   SC 2 years less a day CSO 1.8 grams
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Keywords: None
R v Strickland, 2010 NLTD 2 (CanLII), per Handrigan J NL   SC 16 months imprisonment 9.6 grams of cocaine; 66 ecstasy pills
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Keywords: None
2009
R v Switucka, 2009 SKQB 372 (CanLII), per Popescul J SK   SC
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Keywords: None
R v Conway, 2009 NSCA 95 (CanLII), per Bateman JA NS   CA 103g crack cocaine, 264g marihuana 2.5 years imprisonment "mid to high level retailer" - 65 year old with no prior record. Crown appeal from 2 year conditional sentence.
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Keywords: None
R v Knickle, 2009 NSCA 59 (CanLII), per Roscoe JA NS   CA 42 months imprisonment 312 g "The offender had pled guilty to charges of having possession of cocaine for the purpose of trafficking contrary to section 5(2) of the CDSA and careless storage of a firearm contrary to section 86(1) of the Criminal Code. A search of his residence located almost 312 g (about 11 ounces) of cocaine, three scales, baggies and 19 firearms, four of which were being stored improperly. The street value of the drugs was between $23,000 and $31,000." "The offender was 43 years old, a divorced single parent with two teenaged children, with grade 9 education who had been involved in the fishing industry until he suffered a serious injury. He had no prior criminal record." [6]
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Keywords: None
R v Yakimishyn, 2009 ABQB 162 (CanLII), per Hillier J AB   SC 10.5 years imprisonment 3kg
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Keywords: None
R v Byrne, 2009 NLCA 3 (CanLII), per Rowe JA NL   CA 2 years less a day CSO 280 gr cocaine age 29 with no record
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Keywords: None
R v Harrison, 2009 ONCA 386 (CanLII), per curiam ON   CA 12 months imprisonment 8.95 gr cocaine
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Keywords: None
R v Allison, 2009 NSSC 264 (CanLII), per Cacchione J NS   SC 30 months imprisonment
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Keywords: None
R v Walkley, 2009 BCCA 87 (CanLII), per Ryan JA BC   CA 15 months imprisonment 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.
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Keywords: None
R v Conway, 2009 NSCA 95 (CanLII), per Bateman JA NS   CA 18 months imprisonment elderly offender
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Keywords: None
R v Blais, 2009 ABQB 103 (CanLII), per Sullivan J AB   SC 3 years imprisonment 141 gr of cocaine (part crack part powder) fully employed, some record for violence and breaches.
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Keywords: None
R v Sampson, 2009 NSSC 165 (CanLII), per Wright J NS   SC
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Keywords: None
R v Balon, 2009 SKQB 233 (CanLII), per Zarzeczny J SK   SC 12 months CSO 30 grams
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Keywords: None
R v McDougall, 2009 BCSC 126 (CanLII), per Scarth J BC   SC 6 months imprisonment and probation 3 gr cocaine dial-a-dope operation; clean for 2 years
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Keywords: None
R v Chin, 2009 ABCA 226 (CanLII), per J AB   CA
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Keywords: None
2008
R v Ruggiero, 2008 ONCA 314 (CanLII), per curiam ON   CA 41 months imprisonment 2000 pills of ecstasy; 769.22 grams of cocaine,
including 517.96 grams of crack

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Keywords: None
R v Mileos, 2008 BCSC 1833 (CanLII), per Groberman J BC   SC 42 months imprisonment Cocaine 52.3 kg no record; age 43
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Keywords: None
R v Nero, 2008 ONCA 622 (CanLII), per curiam ON   CA 8 years imprisonment 3kg overturned sentence of 5 years; involved three offences: two instances of trafficking 1kg each, and possession of 1 kg for purpose; age 31, unrelated record, guilty plea.
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Keywords: None
R v Hein, 2008 BCCA 230 (CanLII), per Smith JA BC   CA 44 months imprisonment 6.5 kilos cooperated with police
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Keywords: None
R v Jenkins, 2008 BCPC 286 (CanLII), per Galati J BC   PC 40 months imprisonment 11 kg acting as courier
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Keywords: courier
R v Dubai, 2008 SKCA 49 (CanLII), per J SK   CA ""a 30-year-old man, with a minor unrelated criminal record, was convicted of possession of cocaine and possession of ecstasy, each for the purpose of trafficking. There was 27.9 grams of cocaine, with a street value of between $2,200 and $2,800 and 500 ecstasy pills valued at $5,000. The sentencing judge imposed two concurrent sentences of 22 months to be served in the community. The Court of Appeal, in setting aside the decision of the sentencing judge, determined that the 22-month conditional sentence was unfit and instead substituted 18 months imprisonment. The Court of Appeal commented that although the sentencing judge stated that he had seriously considered the words of the Saskatchewan Court of Appeal in Patryluk, that he, “nevertheless went on to do exactly what this Court said, in very similar circumstances, was an error. In doing so, he violated the principles mentioned above, as well as the principle of parity which requires, by virtue of s. 718.2(b) of the Criminal Code, that a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances.”""
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R v Hashem, 2008 SKQB 220 (CanLII), per Zarzeczny J SK   SC 18 months imprisonment 30 g
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R v Barrett, 2008 NLCA 23 (CanLII), per Welsh JA NL   CA 2 years less a day CSO 5 counts trafficking
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R v Von Hagen, 2008 SKCA 123 (CanLII), per Lane JA SK   CA 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." [7]
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R v Alibhai, 2008 BCSC 1549 (CanLII), per Ehrcke J BC   SC 9 months imprisonment 22.7 gr of crack cocaine low level dial-a-dope; some record; no addiction issues
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R v Klassen, 2008 YKTC 64 (CanLII), per Faulkner J YK SC 4 months imprisonment 0.4 g crack
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R v Powland, 2008 ABPC 273 (CanLII), per LeGrandeur J AB   PC 12 months CSO 60 grams
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R v Draskoczi, 2008 NWTTC 12 (CanLII), per Schmaltz J NWT 18 months imprisonment 1 gr crack 33 year old; lengthy criminal record including 2 counts of possession for purposes of trafficking
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R v Dunbar, 2008 NSPC 57 (CanLII), per Derrick J NS   PC 16 months after 14 mo credit 5.5 gr crack cocaine long record; low level dealer
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R v Cheung, 2008 BCSC 1834 (CanLII), per Loo J BC   SC 1 year CSO 3.4 grams low level dial a dope operation;
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R v Johnson, 2008 BCSC 1162 (CanLII), per Barrow J BC   SC 8 months imprisonment 3.6 grams
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R v Schoenhals, 2008 BCCA 380 (CanLII), per J BC   CA
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2007
R v Steeves, 2007 NSCA 130 (CanLII), per Oland JA NS   CA 2.5 years 77g cocaine, 100 ecstasy pills "amounts in his possession were ….sufficient to take him outside the lower categories of drug traffickers described in R v. Fifield" - minor unrelated prior record. Crown appeal from 2 year conditional sentence
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Keywords: None
R v Steeves, 2007 NSCA 130 (CanLII), per Oland JA NS   CA 2 years, 6 months 77g coke; 100 ecstasy pills
R v Bowen, 2007 ABCA 40 (CanLII), per Read J AB   CA 14 months CSO 1 gram
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R v Sawatsky, 2007 ABCA 353 (CanLII), per Martin JA AB   CA 42 months imprisonment appeals 2 year CSO
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R v Desjarlais, 2007 NWTSC 23 (CanLII), per Richard J NWT SC 12 months imprisonment 21 gr
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R v Jaber, 2007 ABCA 383 (CanLII), per Paperny JA AB   AB   CA 2 years less a day CSO 1 gram
R v Lee, 2007 ABCA 288 (CanLII), per O'Brien JA AB   CA 2 years less a day CSO 4 grams
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Keywords: None
R v Glasgow, 2007 NSSC 370 (CanLII), per Cacchione J NS   SC
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2006
R v Epp, 2006 BCCA 570 (CanLII), per Low JA BC   CA 10 years imprisonment 100 kilos
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R v Bremner, 2006 NSSC 367 (CanLII), per Goodfellow J NS   SC 4 years imprisonment unknown Offender was involved in trafficking cocaine while incarcerated. Record: long record with 29 convictions, including those for drugs, violence and breaches Orders: Lifetime firearms prohibition. Comments: sentence is consecutive to sentence currently being served.
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R v Snow, 2006 ABCA 167 (CanLII), per Costigan JA AB   CA 5 years imprisonment 53 spitballs of cocaine, 12 oz of hard cocaine,
two oz powder cocaine , 6 spit balls of methamphetamine,
and one ounce of methamphetamine

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R v Lennartsson, 2006 ABCA 189 (CanLII), per Fruman JA AB   CA cocaine sold to undercover officer
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Keywords: None
R v Young, 2006 ABPC 94 (CanLII), per Fraser J AB   PC 2.5 years imprisonment 28 gr
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Keywords: None ||{{{6}}}
R v Lever, 2006 BCSC 979 (CanLII), per Meiklem J BC   SC 6 months imprisonment 3.5 gr
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Keywords: None
R v Johnson, 2006 CanLII 18353 (ON CA), per curiam ON   CA possession for purpose of trafficking
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R v Dodd, 2006 CanLII 1911 (ON CA), per curiam ON   CA 2.5 years after 9 months remand
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Keywords: None
R v Lively, 2006 NSSC 274 (CanLII), per Gruchy J NS   SC 25 months imprisonment 15 gr
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R v Turner, 2006 NWTSC 6 (CanLII), per Paul J NWT SC 11 months imprisonment 1 gr crack 22 year old; no criminal record
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Keywords: None
R v Gibbon, 2006 BCCA 219 (CanLII), per Ryan JA BC   CA 4 years imprisonment
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Keywords: 37-year-old female offender
R v Saari, 2006 BCCA 288 (CanLII), per Levine JA BC   CA crack cocaine low-level dial a dope
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Keywords: None ||{{{6}}}
R v Do, 2006 BCCA 492 (CanLII), per Ryan JA BC   CA 8 months imprisonment
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Keywords: None
R v Kerr, 2006 BCPC 144 (CanLII), per Ellan J BC   PC 15 months imprisonment dial-a-dope cocaine
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Keywords: None
R v Brown, 2006 ABCA 339 (CanLII), per O’Brien JA AB   CA 5.5 years imprisonment
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Keywords: courier
2005
R v Vautour, 2005 NBQB 417 (CanLII), per McLellan J NB   SC 3 years imprisonment 10 oz cocaine
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Keywords: None
R v Patel, 2005 BCPC 442 (CanLII), per Couto J BC   PC 2 years imprisonment 1.8 kilo cocaine plus pills
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R v Sparks, 2005 NSSC 175 (CanLII), per Moir J NS   SC
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R v Coombs, 2005 NSSC 90 (CanLII), per Cacchione J NS   SC 12 months CSO 50 g crack
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Keywords: None
R v Wong, 2005 ABPC 72 (CanLII), per McDonald J AB   PC 4.5 years imprisonment drugs and guns
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Keywords: Conspiracy
2004
R v Szczerba, 2004 ABCA 301 (CanLII), per Fruman JA AB   CA 10 oz cocaine 30 months imprisonment
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Keywords: None
R v Messervey,
2004 NSPC 58 (CanLII), [2004] N.S.J. No 520 (PC), per Tufts J
NS   PC 2 years less a day CSO "small amounts" "The accused in Messervey was 21 years old, had no prior record, and over a period of four days acted as a courier delivering small amounts of cocaine for which he received no share in the profit. In the two years between the date of the offence and the sentencing he had abided by the terms of his release and commenced an employment training course, all of which led the sentencing judge to conclude that there were exceptional circumstances justifying a two-year less a day conditional sentence. " [8]
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Keywords: None
R v Bui,
2004 CanLII 7201 (ON CA), [2004] OJ No 3452 (CA), per curiam
ON   CA 18 months imprisonment 7 grams
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Keywords: None
R v Panousis, 2004 ABCA 211 (CanLII), per Fraser CJ (2:1) AB   CA 2 years less a day CSO 6 grams
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R v Shaw, 2004 ABPC 217 (CanLII), per AJ Brown J AB   PC 2 years less a day CSO .55 grams
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Keywords: None
R v Aitken, 2004 BCCA 411 (CanLII) BC   CA 15 months
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Keywords: prior record — 37-year-old offender
R v Wong, 2004 ABCA 260 (CanLII), per J AB   CA
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Keywords: None
R v To, 2004 ABCA 197 (CanLII), per J AB   CA 3.5 years
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Keywords: None
2003
R v McCrae, 2003 ABPC 93 (CanLII), per Sully J AB   PC 15 months imprisonment 90 grams 18 year old with no record
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R v Klyne, 2003 SKPC 95 (CanLII), per Snell J SK   PC 2 years less a day CSO 5 oz trafficked to undercover officer 8 times. Also trafficking in 20gr of marijuana
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Keywords: None
R v Keizer, 2003 NSSC 128 (CanLII), per Wright J NS   SC
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Keywords: None
R v Macias, , [2003] OJ No 5564 (S.C.)(*no CanLII links) ON   SC 5 years imprisonment 1.3 kg no record, deep remorse, no personal remuneration
Keywords: None
R v McCrae, 2003 ABPC 93 (CanLII), per Sully J AB   PC 15 months imprisonment 4 ounces of crack cocaine
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Keywords: None
R v Bajada,
2003 CanLII 15687 (ON CA), 173 CCC (3d) 255, per Weiler JA
ON   CA 6 years 0.5 Kg cocaine age 51; long record
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Keywords: None
R v Ma, 2003 ABCA 220 (CanLII), per J AB   CA 3 years
2002
R v Dann, 2002 NSSC 237 (CanLII), per MacDonald ACJ NS   SC 4.5 years imprisonment 300 g "The offender was found guilty following a trial of possessing 300 g of powdered cocaine for the purpose of trafficking. The offender was 27 years old, engaged to be married and did not have an extensive prior criminal record, although there was a prior conviction for possession of narcotics. The Court accepted a joint recommendation for a 4 ½ year sentence of imprisonment and noted that the Nova Scotia Court of Appeal had “consistently emphasized the need for general deterrence” as the primary consideration in the sentencing of a drug trafficker" [9]
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Keywords: None
R v DEM, 2002 NWTSC 89(*no CanLII links) NW SC 30 months imprisonment 10 oz cocaine admits to being courier; 18 years old
Keywords: None
R v Pankewich, 2002 SKCA 7 (CanLII), per Jackson JA SK   CA 2 years less a day imprisonment 10 oz / 1 lb two co-accused
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Keywords: None
R v Henderson, 2002 ABQB 442 (CanLII), per Burrows J AB   SC 3.5 years imprisonment 1 kg and 40 oz gun present; courier; on bail for 5 years
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Keywords: None
R v Chaves,
2002 SKQB 4 (CanLII), [2002] S.J. No 63 (S.C.), per McLellan J
SK   SC 2 years less a day CSO 1 lb and 10 oz large commercial enterprise; middleman; no record
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Keywords: None
R v Tokic, 2002 NSSC 54 (CanLII), per Murphy J NS   SC
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Keywords: None
R v Dawe, 2002 NSCA 147 (CanLII), per Hamilton JA NS   CA 15 months imprisonment 4 grams cocaine and 200g hashish
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Keywords: None
R v Salih, 2002 ABPC 106 (CanLII), per Semenuk J AB   PC 2 years less a day CSO 4.5g not addict; knife present
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Keywords: None
R v Sudsbury,
2002 NSSC 77 (CanLII), [2002] NSJ No 137, per McDougall J
NS   SC 2 years less a day CSO chronic depression; positive PSR
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Keywords: None
R v Fung,
2002 CanLII 46191 (MB PC), [2002] MJ No 322, per Rubin J
MB   PC 2 years less a day CSO 226 g of crack courier; gambling debt; no record; family
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Keywords: None
R v Gronau,
2002 ABQB 511 (CanLII), [2002] AJ No 928, per Johnstone J 
AB   SC 2 years less a day CSO 60 g no record, working, good PSR  
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Keywords: None
R v Petrovich,
2002 ABPC 92 (CanLII), [2002] AJ No 728 (PC), per Semenuk J
AB   PC   2 years less a day CSO 4.5 gr 4 incidents no addiction; youthful; family support; good PSR
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Keywords: None
R v Evans, 2002 ABPC 74 (CanLII), per Daniel J AB   PC  2 years less a day CSO 1.5 g family support, no record, youthful, stopped selling before arrested
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Keywords: None
R v Taleb, 2002 ABPC 130 (CanLII), per Fradsham J AB   PC 2 years less a day CSO 3 g crack   5 transactions, commercial dealing; unrelated record; good PSR
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Keywords: None
2001
R v Clough, 2001 BCCA 613 (CanLII), per Donald JA BC   CA 12 month CSO 9 oz cocaine
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Keywords: None
R v Gray, 2001 NSSC 195 (CanLII), per Goodfellow J NS   SC
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Keywords: None
R v Nguyen, 2001 BCCA 624 (CanLII), per Ryan JA BC   CA 5 months imprisonment 3.5 grams of cocaine
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Keywords: None
R v Rahime, 2001 ABCA 203 (CanLII), per curiam AB   CA 18 months CSO 3g cocaine multiple transactions; no record; addiction history; 10 g in simple possession
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Keywords: None
R v Provo, 2001 NSSC 189 (CanLII), per M MacDonald ACJ NS   SC 2 years less a day CSO crack
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Keywords: None
2000
R v Salazar, [2000] OJ No 4974(*no CanLII links) ON   ? 8 mo. CSO 8 oz
Keywords: None
R v Trinh, 2000 ABCA 231 (CanLII), per J AB   CA 4 years
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Keywords: None
R v Malcolm, [2000] OJ No 4309 (ONCA)(*no CanLII links) ON   CA 6 months imprisonment 0.9 grams
Keywords: None
R v Kozma, 2000 BCCA 440 (CanLII), per Newbury JA BC   CA 2 years less a day CSO
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Keywords: None
R v Downey,
2000 NSCA 110 (CanLII), [2000] NSJ No 311 (NSCA), per Roscoe JA
NS   CA 3 years imprisonment
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Keywords: None
1999
R v Lobon-Valencia, 1999 BCCA 315 (CanLII), per Goldie JA BC   CA three years after remand time 6 kilos of cocaine
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Keywords: None
R v Ellrodt, 1999 BCCA 57 (CanLII), per Southin JA BC   CA 2 years less a day CSO quarter pound of cocaine
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Keywords: None
R v Talbot,
1999 CanLII 900 (NS SC), 176 NSR (2d) 316 (SC), per Kelly J
NS   SC
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Keywords: None
1998
R v Aguilera,
1998 CanLII 4115 (ON CA), 105 OAC 366 (CA), per curiam
ON   CA 6 years imprisonment 3 kg no record, considered the “lower end” of the range
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Keywords: None
R v Mong, 1998 CanLII 4899 (BC CA), per Prowse JA BC   CA 3 years imprisonment 17.8 oz cocaine
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Keywords: None
R v Meggo,
1998 CanLII 3772 (ON CA), [1998] OJ No 3452 (ONCA), per curiam
ON   CA 18 months imprisonment 7 grams
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Keywords: None
R v Charlie, 1998 CanLII 4446 (BC CA), per Huddart JA BC   CA 3 months imprisonment crack cocaine $70 worth
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Keywords: None
R v Grossman,
1998 CanLII 2432 (BC SC), [1998] BCJ No 63 (S.C.), per Romilly J
BC   SC
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Keywords: courier
1997
R v Bui, 1997 CanLII 3394 (BC CA), per Hall JA BC   CA 2 years less a day imprisonment 27 oz cocaine
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Keywords: None
1996
R c Robillard,
1996 CanLII 5984 (QC CA), per curiam
QC   CA 16 years imprisonment 1,454 kg cocaine
1,730 kg resin
convicted of importing possession, and trafficking of "enormous" qualities of drugs
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Keywords: None
1993
R v Stokes, 1993 NSCA 195 (CanLII), per Roscoe JA NS   CA approximately 6 ounces of cocaine sold cocaine to undercover officer. "more than a petty retailer". He had a lengthy prior record
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Keywords: None
R v Sparks,
1993 CanLII 3122 (NS CA), [1993] NSJ No 448, per Chipman JA
NS   CA 32 months imprisonment four incidents of trafficking, "extreme" record, age 23
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Keywords: None
R v Robins,
1993 CanLII 3205 (NS CA), 121 NSR (2d) 254, per Clarke CJ
NS   CA 18 months imprisonment 23.57 g
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Keywords: None
1992
R v Smith, 1992 NSCA 73 (CanLII), per Matthews JA NS   CA 5 years imprisonment 28.75g crack cocaine, 372g powder cocaine
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Keywords: high scale retailer — appeal from 2.5 years — unrelated record
1991
R v Carvery, 1991 CanLII 2475 (NSCA), per Freeman JA NS   CA 5 years imprisonment 184 g (6.5 oz) An appeal from sentence of 3 years.
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Keywords: high level retailer — no record
1990
R v Cavuoti, , [1990] OJ No 17 (CA)(*no CanLII links) ON   CA 6 years imprisonment 5 lb (2.27kg)
Keywords: unrelated record
R v Huskins,
1990 CanLII 2399, , [1990] NSJ No 46 (NSCA), per MacDonald JA
NS   CA 3 years imprisonment 4 grams age 42, 29 prior convictions
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Keywords: None
R v Smith,
1990 CanLII 2388 (NS CA), [1990] NSJ No 30 (NSCA), per Hart JA
NS   CA 4 years imprisonment 2 oz sold to undercover twice, 2 years for each incident, age 35
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Keywords: None
R v Lessard,
1990 CanLII 3102 (QC CA), 59 CCC (3d) 123, per Nichols JA (2:1)
QC   CA 2 years imprisonment age 24; no prior record
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Keywords: None
1989
R v Byers,
1989 CanLII 200 (NS CA), [1989] NSJ No 168 (NSCA), per Hart JA
NS   CA 3 years imprisonment 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." [10]
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Keywords: None
R v Downey, [1989] NSJ No 368 (NSCA)(*no CanLII links) NS   CA 18 months imprisonment 4.5 grams
Keywords: None
1981
R v Aikens, [1981] 33 NBR (2d) 630 (NBCA)(*no CanLII links) NB   CA 6 months imprisonment 15.3 gr
Keywords: None
R v Maskell,
1981 ABCA 50 (CanLII), 58 CCC (2d) 408, per Moir JA
AB   CA 3 years imprisonment see para 20
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Keywords: None
1978
R v Fifield, 1978 CanLII 812 (NS CA) NS   CA
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Keywords: None
R v Malanca, 2007 ONCA 859 (CanLII), per Laforme J ON   CA
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Keywords: None
R v Majnoon, 2009 ONCA 876 (CanLII), per J ON   CA
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Keywords: None


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