On a Giretti count of trafficking in a large commercial quantity, the Crown must prove that the accused intended from the outset of the trafficking business to traffick in not less than the designated quantity. A direction that intention formed 'at some stage' during the course of trafficking is erroneous. Intention may be inferred from the frequency, size and number of dealings from the outset, and from proof that the accused knew from the outset there was a significant or real chance of exceeding the threshold. Where accumulated quantities only marginally exceed the threshold, prosecutors should consider framing individual trafficking counts rather than a Giretti count for a large commercial quantity.
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