Yellowknife (Oct 27/06) - A Yellowknife man will spend three extra months in jail for possession of crack for the purpose of trafficking after a judge rejected a sentencing submission from both Crown and defence counsel.

NWT Supreme Court Justice Wallace Darichuk rejected the joint submission of time served plus a day and imposed a two-year jail sentence on Michael Robert Fraser, 53. "Only in exceptional cases will the court not accept a joint submission," said Darichuk. "This is such a case."

The case began when RCMP stopped a vehicle for failing to signal a left turn. On approaching the vehicle, RCMP officers saw that Fraser, a passenger, was holding a marijuana bong between his legs.

According to information from court, when police opened the passenger door, a clear plastic bag fell out. It contained a 16.9 gram chunk of crack cocaine with a street value of $1,700.

Armed with a search warrant, police searched the apartment Fraser shared with his girlfriend, Julie Mackeinzo. They found 36.6 grams of crack cocaine in the apartment. Mackeinzo was carrying a third of a gram of cocaine on her person.

Mackeinzo, 23, of Deline, received a six month conditional sentence with a curfew and 120 hours of community service for possession and possession for the purpose of trafficking.

Justice Darichuk said Fraser's prior criminal record was "atrocious," filling two and a half pages with "repetitive criminal behaviour" including violent and drug-related offenses. He also noted the negative effect crack addiction has had on Yellowknife, and that the maximum penalty for drug trafficking is life imprisonment.

Though sentenced to two years, Fraser was credited 21 months for the 10-and-a-half months he spent in jail waiting for trial. He will spend three more months in jail.

Fraser and Mackeinzo pleaded guilty on Monday, shortly before the jury was to be called for their trial.

Fraser is also awaiting trial on charges of conspiracy to traffic cocaine resulting from the Operation Gunship raid last October.