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House arrest for cocaine trafficking
Judge opts for conditional sentence due to man's supportive family environment, lack of criminal record

Katherine Hudson
Northern News Services
Published Friday, December 14, 2012

SOMBA K'E/YELLOWKNIFE
A 21-year-old man has been sentenced to two years less a day of house arrest for trafficking a small amount of cocaine on two separate occasions in November 2010.

The man pleaded guilty in Supreme Court on Dec. 3. Defence lawyer Ashok Gill and Crown prosecutor Alex Godfrey jointly recommended a conditional sentence because of the man's age, his lack of a criminal record, the fact that he has a full-time job and he has a supportive family.

As well, the lawyers agreed that since the offender's arrest and release on court conditions in March 2011, he has abided by the terms of his release such as to not use a cellphone and to follow a curfew.

RCMP officers received a tip that the man was using a cellphone to facilitate the dealing of drugs. The police performed an undercover street-level drug trafficking operation where two officers went to a Yellowknife bar on Nov. 18 and texted the cellphone number of the man asking if he was working and that they were "looking for two," meaning two grams of cocaine.

The suspect responded and instructed the texter to meet him outside the bar where he'd be waiting in a green SUV. An undercover officer got into the SUV and handed the man $200 for two baggies of white powder, which was later tested and determined to be cocaine.

On Nov. 20, the same scenario occurred except the undercover officer asked for three grams of cocaine and gave the man $300.

The man wasn't arrested until four months later due to the ongoing police investigation, which involved confirming text records with the phone company. The offender was charged and released the next day after his arrest.

On Dec. 3, the offender stood up in court, where four family members sat in silent support, and offered an apology.

"I see myself heading in a positive direction and I want to keep going in this way," he said.

While cocaine trafficking is an indictable offence, where offenders are often given jail time, both defence and Crown lawyers said the offender is regretful, does not have an addiction to drugs, has cut himself off from the people who led him into "the game," and has great prospects for his future.

Justice Louise Charbonneau passed her sentence on Dec. 6, agreeing with the recommended house arrest and added a year of probation.

Under the terms of his sentence, the offender cannot use a cellphone or any device that can text, he is under house arrest other than for work, health reasons, or to attend an educational institute or a religious service. For the first year, he is prohibited from drinking alcohol.

In the second year of his sentence, the man's curfew will be relaxed to 11 p.m. to 6 a.m.

He is also to serve 240 hours of community service in the first 18 months of his sentence.

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