The outcome of the sentence appeal for the Holy Smoke trio will play a role in future sentences, according to Don Skogstad, lawyer for the three.
Alan Middlemiss, Paul Defelice and Kelsey Stratas were given conditional sentences of house arrest last Wednesday after a panel of three supreme court judges decided that sentences of eight to 12 months in a federal prison were too much.
The three were handed the lengthy prison sentences after being convicted of drug trafficking through sales of marijuana from their now-defunct downtown Nelson store, the Holy Smoke Culture Shop.
But the appeal judges found the sentence handed down at the Nelson Courthouse to be too great because the judge failed to take into account their promise to continue their advocacy through legal means and that he put too much weight on prior marijuana convictions the three had acquired decades ago.
Skogstad said their six to nine-month house arrest sentences that resulted from the appeal will be significant in future cases.
"There's now a legal aspect to it that's significant," Skogstad said. "That's the fact that Justice Chaisson's ruling explains and supports the concept of house arrest for any offense.
"It will be used as a case on any charge that house arrest is available; to support that house arrest should be granted more readily than is has been up to now."
Skogstad added that the house arrest sentences are a best-case scenario in the case.
"It's as good as we ever could have expected or hoped for, there's no question," he said.
For their part, the three men are incredibly happy to have been spared jail time in the Kamloops Regional Correctional Facility — even if it means limitations on their freedoms here at home, including no alcohol or drug use for months.
"Taking a break from cannabis is a good thing," Middlemiss said. "It's probably the easiest drug in the world (to quit). It's not like tobacco or alcohol. It's not addictive."
"In my mind, if I'd have been locked up in Kamloops, there's no alcohol or pot there either," Defelice added. "I'd rather be at home not doing pot or alcohol."
Despite being disallowed from having any association with marijuana, Middlemiss and Defelice say they plan to continue their advocacy for marijuana legalization through legal means such as work with marijuana for medicinal use.
"I will keep my advocacy within the law from now on," Defelice noted. "I'm at an age where I don't really want to go to jail."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Nelson Daily News
Author: Colin Payne
Contact: Nelson Daily News
Copyright: 2010 Glacier Interactive Media
Website: Holy Smoke sentence will impact future trials
* Thanks to MedicalNeed for submitting this article
Alan Middlemiss, Paul Defelice and Kelsey Stratas were given conditional sentences of house arrest last Wednesday after a panel of three supreme court judges decided that sentences of eight to 12 months in a federal prison were too much.
The three were handed the lengthy prison sentences after being convicted of drug trafficking through sales of marijuana from their now-defunct downtown Nelson store, the Holy Smoke Culture Shop.
But the appeal judges found the sentence handed down at the Nelson Courthouse to be too great because the judge failed to take into account their promise to continue their advocacy through legal means and that he put too much weight on prior marijuana convictions the three had acquired decades ago.
Skogstad said their six to nine-month house arrest sentences that resulted from the appeal will be significant in future cases.
"There's now a legal aspect to it that's significant," Skogstad said. "That's the fact that Justice Chaisson's ruling explains and supports the concept of house arrest for any offense.
"It will be used as a case on any charge that house arrest is available; to support that house arrest should be granted more readily than is has been up to now."
Skogstad added that the house arrest sentences are a best-case scenario in the case.
"It's as good as we ever could have expected or hoped for, there's no question," he said.
For their part, the three men are incredibly happy to have been spared jail time in the Kamloops Regional Correctional Facility — even if it means limitations on their freedoms here at home, including no alcohol or drug use for months.
"Taking a break from cannabis is a good thing," Middlemiss said. "It's probably the easiest drug in the world (to quit). It's not like tobacco or alcohol. It's not addictive."
"In my mind, if I'd have been locked up in Kamloops, there's no alcohol or pot there either," Defelice added. "I'd rather be at home not doing pot or alcohol."
Despite being disallowed from having any association with marijuana, Middlemiss and Defelice say they plan to continue their advocacy for marijuana legalization through legal means such as work with marijuana for medicinal use.
"I will keep my advocacy within the law from now on," Defelice noted. "I'm at an age where I don't really want to go to jail."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Nelson Daily News
Author: Colin Payne
Contact: Nelson Daily News
Copyright: 2010 Glacier Interactive Media
Website: Holy Smoke sentence will impact future trials
* Thanks to MedicalNeed for submitting this article
