APPEALS - Grounds - Insufficient reasons

Law360 Canada (June 14, 2022, 5:38 AM EDT) -- Application by Gill for leave to appeal, and if granted, appeal from his five-year sentence for possessing fentanyl and carfentanil for the purpose of trafficking. Gill pleaded guilty to the offence, which was count 2 of the information, along with count 1, trafficking in cocaine and carfentanil. He was sentenced to two years on count 1 and five years concurrent on count 2. On the first sale, the concentration of the carfentanil was unknown. On the second sale, concentrations of fentanyl and carfentanil were unknown. The Crown acknowledged as mitigating factors Gill’s guilty plea, his youth and his lack of a record. The defence focused on Gill’s youth, his education and his relatively brief involvement with the drug trade and submitted that there were exceptional circumstances justifying a suspended sentence despite the seriousness of the offences. Gill submitted that the sentencing judge erred in principle, erroneously considered aggravating factors and failed to consider mitigating factors that had an impact on the sentence. He claimed that the Judge failed to apply the principle of parity, failed to address rehabilitation, and failed to consider the principle of restraint. He sought a sentence in the range of 24-30 months....
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