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Evidence is the cornerstone of most criminal prosecutions. The presence of illegal substances often throws all other evidence into shadows in a drug-related case. An abundance of physical evidence was the undoing of two individuals after a raid east of Toronto earlier this year.
A home in central Kitchener was raided by police officers in March. Found in the home were quantities of drugs, including methamphetamine, crack cocaine, heroin and marijuana. Also found were 28 grams of fentanyl, a powerful opioid that has garnered a lot of media attention lately. One drug expert said that amount of the painkiller was enough to potentially make 14,000 lethal doses.
Two people living in the basement, a 31-year-old woman and a 47-year-old man, were arrested during the raid. Charges were laid against the pair for a variety of drug-related offences, including possession and intent to engage in trafficking as well as possessing prohibited weapons. On Dec. 1, both defendants were found guilty of the charges levied against them. The Crown is seeking sentences of eight to 10 years each.
The physical evidence that often exists in criminal cases involving illegal substances can be difficult to overcome in a courtroom. Defence strategies might sometimes be based on police procedures, plausible deniability or other technicalities. When such strategies fall short and a guilty verdict is returned, options still remain, including appeals and/or seeking a reduced sentence. In a difficult battle such as this, it helps to partner with a determined and knowledgeable Toronto-based lawyer to work toward achieving a favourable result.
Source: CTV Kitchener, “2 Kitchener residents found guilty in connection with big fentanyl bust“, Ryan Flanagan, Dec. 1, 2016
