Our client was charged with simple possession of methamphetamines, amphetamines, and cannabis, as well as theft of under $5000. In this case, our client had decided to go shopping in Québec. While shopping, she decided to steal a vest valued at $25. Upon exiting the store, she was stopped by the security guard of the store in question. When the police arrived, they conducted a pat-down search of our client to ensure their safety. The search revealed 31 methamphetamine pills, 32 amphetamine pills, and 9.1 grams of cannabis. At the hearing, we requested a pre-sentence report from the court.
During sentencing, we emphasized our client’s young age. In fact, when the offence was committed, she was only 18 years old. We demonstrated that our client had family in Peru and that she sometimes had to go through the United States to visit her family. We indicated to the court that a criminal record could jeopardize our client’s family visits in Peru. The Crown did not object to this aspect, but they did object on the grounds of public interest. The prosecution argued that granting our client a discharge would go against the public interest due to the quantities seized and since methamphetamine is a hard drug wreaking havoc on society.
The court found that a well-informed member of the public would not lose confidence in the administration of justice since the drugs seized belonged to our client’s friend. The court also considered the psychological fragility of our client at the time of the events. It also found that our client had stopped taking drugs after her arrest.
The court accepted our request and granted a discharge conditional on our client performing 200 hours of community service. Our client thus avoided a criminal record.