A man recently convicted of drug and weapons charges is appealing the decision.

In territorial court on March 27, Judge John Faulkner found Daniel Silver guilty of possession of cocaine for the purpose of trafficking, possession of a restricted firearm and possession of a firearm knowing the serial number had been removed.

He was sentenced to one year in prison for having the restricted firearm and 15 months for the drug offence, with those terms to be served consecutively.

The three-month imprisonment sentence for the serial number offence is to be served concurrently.

Now, Silver's lawyer, David St. Pierre, filed the appeal for both the conviction and sentence.

The notice of appeal states Faulkner erred in the conviction by ruling that a search of Silver done without a warrant was reasonable. Faulkner also erred in failing to find Silver had proved there were breeches of sections eight and nine of the Canadian Charter of Rights and Freedoms, it was argued.

Those Charter sections state that '(8) Everyone has the right to be secure against unreasonable search or seizure' and '(9) Everyone has the right not to be arbitrarily detained or imprisoned.'

Finally, the appeal notice says the judge erred in finding Crown counsel had proved beyond a reasonable doubt that the cocaine Silver had was for trafficking.

On the grounds for appealing the sentence, it states Faulkner erred in failing to properly consider whether a conditional sentence should be imposed following the end of the one-year minimum sentence in jail for having a restricted weapon.

The document seeks that:

• the appeal be allowed, convictions be set aside and a new trial be ordered;

• or in the alternative, the appeal be allowed, convictions be set aside and an acquittal be entered; and

• the appeal be allowed and the sentence reduced, and/or a conditional sentence order be granted.

The case dates back to Oct. 2, 2004, when Silver was pulled over by Whitehorse RCMP, who were acting on a tip that Silver was on his way to a known drug house downtown.

In the decision, it was noted a search of Silver found nine packages of cocaine both in powder and rock from in his underwear.

At roughly seven grams each, Silver had a total of 41 grams on him.

He also had a loaded Colt .45-calibre pistol, which he had no licence to possess, tucked into his pants, Faulkner noted in his decision.

The serial number on the gun had been obliterated.

Silver also had a cell phone and $105 cash.