Digest: R v Mohamed, 2018 SKQB 186

• Date: June 18, 2018

Reported as: 2018 SKQB 186

Docket Number: CR 6/17 JCMJ , QB17572

Court: Court of Queen's Bench

Date: 2018-06-18

Judges:

• Layh

Subjects:

• Criminal Law � Controlled Drugs and Substances Act � Possession for the Purpose of Trafficking � Cocaine � Sentencing

Digest: The accused was convicted for possession of cocaine for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act. At the time of arrest the accused 23 years old. He did not use drugs and trafficked for profit. He has considerable family and community support.
HELD: The accused was sentenced to 21 months� imprisonment. The aggravating factors consisted of the accused�s motivation to sell cocaine was profit. The street value of the drugs in his possession was $450 to $6,500. The mitigating factors were the accused�s youth and that he had the support of his family and had no prior criminal record.

Federal Statutes Considered:

• Controlled Drugs and Substances Act, SC 1996, c 19, s 5(2)
• Controlled Drugs and Substances Act, SC 1996, c 19, s 10(2)
• Criminal Code, RSC 1985, c C-46, s 109
• Criminal Code, RSC 1985, c C-46, s 487.051(3)
• Criminal Code, RSC 1985, c C-46, s 491.1
• Criminal Code, RSC 1985, c C-46, s 718
• Criminal Code, RSC 1985, c C-46, s 718.1
• Criminal Code, RSC 1985, c C-46, s 718.2
• Criminal Code, RSC 1985, c C-46, s 718.2(b)
• Criminal Code, RSC 1985, c C-46, s 737(1)

Cases Considered:

• R v Dexter, 2013 SKQB 18, 411 Sask R 254
• R v Giroux, 2018 ABCA 56
• R v Kaytor, 2015 SKQB 105, 473 Sask R 212
• R v Klyne, 2014 SKQB 62, 439 Sask R 214
• R v Lau, 2004 ABCA 408, 357 AR 212
• R v Leitner, 2013 SKQB 1, 411 Sask R 79
• R v Ma, 2003 ABCA 220, 330 AR 142
• R v Maskell, 1981 ABCA 50, 58 CCC (2d) 408
• R v McIntyre, 2012 SKCA 111, 405 Sask R 28, 563 WAC 28
• R v Mohamed, 2018 SKQB 151
• R v Pankewich, 2002 SKCA 7, [2002] 4 WWR 648, 217 Sask R 111, 161 CCC (3d) 534, 49 CR (5th) 143
• R v Romero, 2009 MBQB 167, 241 Man R (2d) 199
• R v Sawatsky, 2007 ABCA 353, 417 AR 362