Accused plead guilty to trafficking in cocaine. One gram sale wherein accused was acting as a “facilitator”, as she was addicted to cocaine. No profit. 1996 conviction for possession of marihuana. Crown sought 12 months jail, defence sought probation with house arrest.
Held: 90 days jail intermittent plus 2 years probation.
Positive PSR and some Gladue factors. Maskell (1981) ABCA 50 starting point not applicable, as the accused was not engaged in any level of commercial enterprise. Probation with house arrest also inappropriate. Given the 2012 amendments to the Criminal Code regarding CSO’s, probation with house arrest “would be nothing more than a transparent and inappropriate attempt to flout the will of Parliament.” However, any jail sentence beyond the intermittent range, would “drive her back to the lifestyle which brought her here.”
K. Wilson, Defence Counsel