Irwin's Case — Drug Trafficking — Sentenced

Client:  Irwin V., Accused
Complainant:   Toronto Police Service, 32 Division
Charge:   Possession Marijuana for the Purpose of Trafficking

Background:  Irwin was caught entering a rave with marijuana. The packaging suggested that it wasn't for personal consumption. He was charged with trafficking.

READ THE POLICE REPORT

Goals:  Irwin wanted to beat the charge if possible, but, most importantly, he wanted to avoid jail.

Strategy:  In pre-trial negotiations, I argued that the search was illegal and that, as a result, the charge should be withdrawn. The Crown had an open ear, but would not admit defeat so easily. She offered me a conditional discharge with probation on a plea to simple possession (meaning there would be no conviction and the record would be erased in 36 months). The Crown also agreed that I could ask for an absolute discharge (with the record being erased in 12 months). The deal was tempting. There was a good chance of winning if we fought the charge to the bitter end. However, there are no guarantees in going to trial. If we lost, Irwin would be convicted and could go to jail.

Results:  Irwin opted for the bird in the hand. He plead guilty to simple possession. The Judge granted him an absolute discharge. He received no conviction.

READ THE SENTENCING TRANSCRIPT

Post-Script:  Irwin's record — housed nationally by the R.C.M.P. on the C.P.I.C. database, and accessible to police and border authorities across the country — was automatically erased on 27 September 2002, twelve months after he was sentenced.