Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Gallo
Sentence and the Crown's position
What the law allows
Dominico Gallo pleaded guilty to multiple drug and gun charges after police searched his residence and found fentanyl, cocaine, methamphetamine, oxycodone and morphine, over $100,000 in cash and a handgun. The federal and provincial Crowns together sought 12 to 13 years' imprisonment less credit for pre-sentence custody, and the defence seven years less credit. Justice Breen gave effect to the position a pre-trial judge had set out and imposed a net sentence of 8 years and 53 days going forward, stating that he had not allowed any Duncan credit because the sentence was already at the bottom of the proper range.
The record
- Convicted of
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Upheld on appeal, 2026 ONCA 519 (July 16, 2026)
The Court of Appeal for Ontario granted leave to appeal sentence and dismissed the appeal, finding that new evidence of harsh pre-sentence custody conditions did not justify interfering with the sentence.
1
- Upheld on appeal, 2026 ONCA 519 (July 16, 2026)
Sources
- R. v. Gallo, 2026 ONCA 519 Court decision, CanLII, July 16, 2026
[1] The appellant, Dominico Gallo, pleaded guilty to multiple drug and gun charges.
[5] … By the time Mr. Gallo ultimately pleaded guilty and was sentenced on July 7, 2025, he could claim credit for the additional seven months he had spent in pre-sentence custody since December 2024. The sentencing judge accordingly imposed a net sentence going forward of 8 years and 53 days.
- R. v. Gallo, 2026 ONCA 519 Court decision, Court of Appeal for Ontario, July 16, 2026
- Breaking News - Video - Major Drug Seizure Including Loaded Handgun in Cobourg (Name Released) News report, Today's Northumberland, June 13, 2024