Kevin Wilson
Northern News Services
Yellowknife (Jun 29/01) - An appeals court ruling on joint submissions between the Crown and defence attorneys gave Judge Brian Bruser second thoughts about a proposed sentencing agreement.
In spite of a joint submission from the Crown and the defence calling for an extra 30 days, Bruser sentenced an inmate of Yellowknife Correctional Centre to 15 more days of jail time after corrections officials caught him with five marijuana cigarettes.
Dwayne King is currently serving time at YCC for trafficking in cocaine.
Corrections officers entered King's cell following a confrontation with another inmate. Crown attorney Loretta Colton told the court that when the officers arrived, they found King to be "in possession of five joints."
Colton said that the fact that a convicted drug trafficker was caught with drugs while serving a jail sentence was "an aggravating feature ... he is in a controlled environment."
Andy Mahar, King's lawyer, told the court that his client, "has been dealing with a lot of stress by being incarcerated," but he "recognizes how stupid it was," and had always intended to plead guilty.
Upon finding the contraband, YCC immediately placed King in segregated custody for one week. His chances for early release have also been compromised.
Colton and Mahar recommended that Bruser impose a sentence of 30 days, on top of the time King is already serving.
But Bruser referred to a recent appeals court ruling on joint submissions, and said that in light of the ruling, and the fact that King was already punished by corrections officials, a 30-day sentence "seems excessive."
Bruser also noted that King had quickly entered a plea of guilty, despite the fact that the marijuana was found on his bed, and not on his person.
The territorial Court of Appeal recently overturned a sentence Bruser imposed on a drug trafficker, saying he had not given "counsel" the opportunity to explain the basis for the joint submission."
