Man imprisoned for sharing ecstasy

A 20-year-old Yorkton man is going to prison for providing the illicit drug MDMA, commonly known as ecstasy, to another person.

Garrett Gross pleaded guilty February 27 to one count of trafficking in a Schedule I drug.

The Court heard that on September 16, a security camera at the City Limits recorded a drug transaction. The recipient in the transaction was questioned by police and admitted to having received ecstasy from Gross.

Gross was arrested and confessed to providing the drugs and to having personal addiction issues.

The Crown, represented by Regina federal prosecutor Alex Deacon, acknowledged the transaction lacked profit motive and involved a very small amount of the drug, but nevertheless met the standard for a trafficking charge. He noted that the Court of Appeals (COA) has established guidelines of 18 months to four years for trafficking in Schedule I drugs.

Deacon underscored the serious and even potentially life-threatening effects of MDMA putting it on par with other Schedule I drugs such as cocaine. Nevertheless, he said in recognition the current case was at the low end of the trafficking spectrum, a 12-month prison term would be appropriate. He cited the sentencing principles of denunciation and deterrence as justification.

Mark Persick, for the defence, countered denunciation and deterrence with proportionality and mitigating circumstances noting that case law for longer sentences invariably involved greater quantities of MDMA and other evidence of a commercial enterprise whereas his client was merely asked for and shared his own stash with others.

Persick disputed the contention that MDMA was just as bad as cocaine noting case law that suggesting it is less addictive and thus has a much lesser negative impact on both users in particular and society in general.

Persick noted that while the COA 18 months to four years must be considered, judges must also pay heed to other criteria. In this case he cited the youth of his client, a lack of criminal record, cooperation with police, early guilty plea, small quantity of drugs, lack of profit motive and a positive pre-sentence report as mitigating circumstances.

The defence asked for 60 days in jail followed by 18 months probation recommending that the probation not include a curfew or ban on alcohol consumption suggesting it would enhance his client’s efforts to deal with the drug issues.

Judge Patrick Koskie split the difference sentencing Gross to six months in prison followed by 18 months probation. In passing sentence, the judge said the transaction was akin to sharing drugs at a party and cited many of the mitigating circumstances presented by the defence. He also noted that the pre-sentence report indicated the accused was already taking steps to address his issues and that he is a low-risk to re-offend.

Nevertheless, Koskie said, given COA guidelines and the serious nature of the offence, he could not see any way he could go less than six months.

The judge also imposed the mandatory DNA order and 10-year firearms prohibition.