Crown appeal of 12 month jail sentence in relation to trafficking in cocaine. Accused sold .8 grams to an undercover police officer for $100. Unrelated record. Accused was on bail at the time of the offence.
Held: Appeal dismissed.
“I cannot endorse the proposition that dial-a-dope operations necessarily engage the Maskill starting point regardless of the quantity. Such an approach repeatedly applied by panels of this Court has the effect of detracting from individualized sentencing principles consistently endorsed by the Supreme Court of Canada.” Rowbotham JA dissented, and would have imposed an 18 month sentence.
D. Jugnauth, Defence Counsel