Where a sentencing judge flags difficulty with factual submissions made on behalf of an offender and adjourns to consider the schedule of facts, the judge is not required to articulate proposed findings before proceeding to sentence; the flagging of difficulty is sufficient to afford procedural fairness, and it is incumbent on defence counsel to offer evidence if the submissions may not be accepted. A middleman who arranges the purchase, collection and delivery of drugs using another's funds, with knowledge of the trafficking business, is more than a mere courier for sentencing purposes.
The full text is available to signed-in members.