The Manitoba Court of Appeal upheld a jail sentence of 18 months, followed by 12 months of probation for a guilty plea to trafficking in crack cocaine.
The Court acknowledged that the sentence was at the high end of the range but found that the Sentencing Judge considered the appropriate factors.
The accused was 34 years old, had a criminal record, and had served time in custody for charges like robbery and assault.
We agree that for the purposes of sentencing, courts must recognize the distinction that exists between individuals who become involved in the drug trade because of their own addiction and those that do so for commercial purposes. We are sympathetic to the struggles of addiction and acknowledge the steps this accused has taken since his arrest in 2013.
The Court, comprised of Madam Justice Steel, Mr. Justice Monnin, and Madam Justice leMaistre, unanimously dismissed the appeal.