Smokin Moose
Fallen Cannabis Warrior & Ex Moderator
Busted for shipping millions of dollars worth of pot through Saskatchewan's borders, Daren Wayne Smith is now on parole from his six-year prison sentence imposed last year -- but not for much longer if the Crown has its way.
"There has never been a case of this magnitude in this province," federal Crown prosecutor Wade McBride told the Saskatchewan Court of Appeal on Thursday in seeking to boost Smith's sentence. The 42-year-old was a key player in a drug exportation scheme that saw in excess of $10 million worth of "B.C. bud" hauled across the Saskatchewan-U.S. border.
But Calgary defence lawyer Christopher Leveque said his client was granted day parole in June from the sentence, originally imposed in March 2006, and there's no point now in sending him back to prison.
"He has done his time," Leveque contended. Because of credit for pre-trial custody, Smith's effective sentence was actually closer to five years. Federal offenders are eligible for full parole at one-third of their sentence, and day parole eligibility -- when offenders typically move into a half-way house -- is six months before that date.
"He's out. He's working. He's trying to reconnect with his family," Leveque told court.
Whether or not Smith can continue on that path is now in the hands of appeal court Justices Georgina Jackson, Gene Anne Smith and Ysanne Wilkinson. The judges initially adjourned for 15 minutes to mull over the matter, but then sent word that their decision was reserved. A written decision will be issued at a later, unspecified date.
Daren Smith, who did not attend the appeal hearing, was convicted in December 2006 of seven charges: possession of marijuana for the purpose of exporting, exporting marijuana, possession for the purpose of trafficking, trafficking, possession of proceeds of crime, and two criminal organization charges. The offences occurred between July 1, 2001, and June 22, 2002.
The scheme was uncovered on June 20, 2002 when a U.S. border patrol officer stopped a van near an illegal border crossing near Lake Alma in southern Saskatchewan.
The van, rented by Smith, was carrying 391 pounds of pot packaged in Ziploc bags, and stuffed in nine hockey bags. The drugs were worth more than $1 million.
When authorities raided Smith's B.C. home two days later, they found a suitcase packed with $568,170 Cdn and $119,920 US.
The trial heard from witnesses who said Smith hired and paid them to haul drugs from B.C. to Saskatchewan, across the illegal border crossing dubbed "North Star," and into the U.S. The Crown estimated there were about a dozen trips, with as much as 5,000 pounds of pot moved.
The Crown had originally sought a prison sentence in excess of 10 years, while the defence argued for four.
In his appeal, McBride argued six years "is probably the starting point" in this unprecedented case. The commercial operation moved the largest amount of drugs ever through this province.
He suggested Justice Ted Zarzeczny, who sentenced Smith, didn't sufficiently consider deterrence and denunciation, or that Smith participated in a criminal organization.
He contended Zarzeczny had also erred in not ordering Smith to serve half his prison sentence -- instead of the usual one-third -- before being eligible to seek parole.
Leveque urged the judges to consider if the sentence was demonstrably unfit given Smith's role. He rented the vehicles and arranged for the drug couriers.
"Mr. Smith is certainly not the top man in the organization. He is, in fact, a middleman," he said, adding that six years isn't lenient. "It's extremely harsh."
Although Smith forfeited his ill-gotten cash, about $200,000 of the seized money was used to pay his legal bills.
McBride argued Smith should be fined in lieu of forfeiting those funds.
"The wrongdoer is not to have benefitted from the proceeds of his crime," he said.
But Leveque said the law allowed Smith to use that money to pay a lawyer, and he shouldn't face an additional sanction for doing so. If Smith is fined for the $200,000, it will likely mean additional jail time because he can't pay.
Source: Regina Leader-Post (CN SN)
Copyright: 2007 The Leader-Post Ltd.
Contact: letters@leaderpost.canwest.com
Website: canada.com
"There has never been a case of this magnitude in this province," federal Crown prosecutor Wade McBride told the Saskatchewan Court of Appeal on Thursday in seeking to boost Smith's sentence. The 42-year-old was a key player in a drug exportation scheme that saw in excess of $10 million worth of "B.C. bud" hauled across the Saskatchewan-U.S. border.
But Calgary defence lawyer Christopher Leveque said his client was granted day parole in June from the sentence, originally imposed in March 2006, and there's no point now in sending him back to prison.
"He has done his time," Leveque contended. Because of credit for pre-trial custody, Smith's effective sentence was actually closer to five years. Federal offenders are eligible for full parole at one-third of their sentence, and day parole eligibility -- when offenders typically move into a half-way house -- is six months before that date.
"He's out. He's working. He's trying to reconnect with his family," Leveque told court.
Whether or not Smith can continue on that path is now in the hands of appeal court Justices Georgina Jackson, Gene Anne Smith and Ysanne Wilkinson. The judges initially adjourned for 15 minutes to mull over the matter, but then sent word that their decision was reserved. A written decision will be issued at a later, unspecified date.
Daren Smith, who did not attend the appeal hearing, was convicted in December 2006 of seven charges: possession of marijuana for the purpose of exporting, exporting marijuana, possession for the purpose of trafficking, trafficking, possession of proceeds of crime, and two criminal organization charges. The offences occurred between July 1, 2001, and June 22, 2002.
The scheme was uncovered on June 20, 2002 when a U.S. border patrol officer stopped a van near an illegal border crossing near Lake Alma in southern Saskatchewan.
The van, rented by Smith, was carrying 391 pounds of pot packaged in Ziploc bags, and stuffed in nine hockey bags. The drugs were worth more than $1 million.
When authorities raided Smith's B.C. home two days later, they found a suitcase packed with $568,170 Cdn and $119,920 US.
The trial heard from witnesses who said Smith hired and paid them to haul drugs from B.C. to Saskatchewan, across the illegal border crossing dubbed "North Star," and into the U.S. The Crown estimated there were about a dozen trips, with as much as 5,000 pounds of pot moved.
The Crown had originally sought a prison sentence in excess of 10 years, while the defence argued for four.
In his appeal, McBride argued six years "is probably the starting point" in this unprecedented case. The commercial operation moved the largest amount of drugs ever through this province.
He suggested Justice Ted Zarzeczny, who sentenced Smith, didn't sufficiently consider deterrence and denunciation, or that Smith participated in a criminal organization.
He contended Zarzeczny had also erred in not ordering Smith to serve half his prison sentence -- instead of the usual one-third -- before being eligible to seek parole.
Leveque urged the judges to consider if the sentence was demonstrably unfit given Smith's role. He rented the vehicles and arranged for the drug couriers.
"Mr. Smith is certainly not the top man in the organization. He is, in fact, a middleman," he said, adding that six years isn't lenient. "It's extremely harsh."
Although Smith forfeited his ill-gotten cash, about $200,000 of the seized money was used to pay his legal bills.
McBride argued Smith should be fined in lieu of forfeiting those funds.
"The wrongdoer is not to have benefitted from the proceeds of his crime," he said.
But Leveque said the law allowed Smith to use that money to pay a lawyer, and he shouldn't face an additional sanction for doing so. If Smith is fined for the $200,000, it will likely mean additional jail time because he can't pay.
Source: Regina Leader-Post (CN SN)
Copyright: 2007 The Leader-Post Ltd.
Contact: letters@leaderpost.canwest.com
Website: canada.com
