In this case, our client had pleaded guilty to one charge of possession of drugs for the purpose of trafficking.
Our client had been intercepted following an offence under the Highway Safety Code. When the police approached the vehicle, our client was sitting in the backseat and he was holding a backpack in his hands that contained cannabis. The police then arrested him, and following a search of the vehicle, $435.00 in cash, 107 grams of cannabis, and an electronic scale were seized.
Our client quickly entered a guilty plea and we requested the creation of a pre-sentence report, since we knew that our client was a person of good character.
It was essential that our client receive a conditional release, since it was his goal to obtain a bachelor’s degree in accounting at university.
He also wanted to obtain a government position in his field of expertise.
Significant changes in our client’s personal life had taken place by the time of sentencing.
The circumstances surrounding his cannabis consumption were in our client’s favour, since he had significant personal problems.
During sentencing, we pleaded the following mitigating factors:
- Absence of a criminal record.
- Young age of the accused.
- Guilty plea (a sign of rehabilitation).
- Incriminating statements and cooperation with the police.
- Stopped taking drugs after the arrest.
- No trivialization or minimization of drugs.
- Circumstances leading to the commission of the offence (depression, bankruptcy, trouble concentrating, etc.)
- The accused had sorted out the company he kept.
- Regrets and awareness of the harmful effects of drugs.
- Positive lifestyle and low risk of recidivism.
- Compliance with the conditions of his release.
- Deterrent effects of the legal process.
- Pre-trial detention, if applicable.
- Family support and low risk of recidivism.
Following the administration of our evidence in defence and our arguments, the court ordered a conditional discharge that required our client to perform 50 hours of community service.
Our client thus avoided a criminal record and could pursue his career goals.