by P.J. Harston
Northern News Services

NNSL (Jan 31/97) - A sentencing precedent on cocaine possession set late last year by one territorial court judge has been accepted as a starting point by another.

Judge Thomas Davis used Judge Michel Bourassa's ruling -- which says 30 days in jail is the starting point for convictions on one gram of cocaine -- to sentence a 29-year-old Yellowknife man to 45 days in jail, Tuesday.

RCMP charged Dayl Hein on Dec. 3 when they found a bag containing three grams of cocaine worth an estimated $420 on the street.

Crown lawyer Sandra Aitken told court Hein had one previous drug conviction on his record, a 1990 conviction that resulted in a $200 fine.

"Possession of cocaine is a charge that we don't often see in this jurisdiction," said Aitken, suggesting Hein be jailed for between 30 and 60 days, based on the ruling made by Bourassa late last year.

But defence lawyer Clark Rehn said Bourassa's decision isn't binding, and that there is no "starting line."

"Each individual case must be considered on its own circumstances," Rehn said.

Rehn suggested a sentence of anything from a non-custodial sentence up to a short stint in jail.

However, Davis said hard drugs are more of a problem than soft drugs, so those convicted of hard drug offences must expect harsher sentences.

"So as to deter people from bringing hard drugs into the territories, I believe the court should impose jail time," said Davis.

"(The court) must impress upon the accused that if you play the game and get caught ... you'll suffer a harsh penalty."