A 42-year-old Melville man will be going to jail for trafficking methamphetamine, the only question that remains is for how long.
Lucius Kowaski pleaded guilty to one count of trafficking and faced a sentencing hearing February 19.
The federal Crown, represented by Rhiannon Rees argued for 30 months. She told the Court that on October 22, a co-accused contacted Kowaski to purchase a gram of meth for an undercover police officer. Later the officer contacted Kowaski directly to purchase more of the drug.
Rees argued for 30 months based on case law that she said prescribes a range of 18 months to four years for trafficking in Schedule 1 drugs. She presented several cocaine trafficking cases, arguing that methamphetamine is even more addictive and has much worse health effects on addicts including organic brain damage.
She cited Kowaski’s long criminal record, although unrelated, but including a recent lengthy incarceration on firearms charges as an aggravating circumstance. Furthermore, she said the circumstances were indicative of a sophisticated scheme she characterized as a dial-a-dope operation in which the dealer only ever carries small amounts of drugs and no other paraphernalia or communications devices so that if they are ever caught it looks like a lesser crime.
She said a significant period of incarceration was necessary to protect the public and the reputation of the Court.
Defence attorney Sharon Fox of Regina objected to that characterization saying her client was himself an addict and was only selling small amounts to support his own habit. She said there was no evidence
She also countered the argument about methamphetamine saying Rees had failed to introduce evidence of addictiveness or health impacts. Judge Patrick Koskie agreed with that assessment saying that the Crown should have introduced evidence for the argument.
Fox said her client has a good employment history, is a decent family man and that his troubles with the law can all be traced to his addiction. She added he has taken steps recently to kick the addiction and has employment lined up for when he is released from custody.
Fox introduced her own case law, arguing a more appropriate sentence is in the six to 12 months range.
Rees objected that most of the decisions Fox cited involved much younger defendants with lesser criminal histories and that some were dated. She also argued the ones in which the offender received a conditional sentence orders were irrelevant since tougher sentencing legislation was passed by the former Conservative government.
Koskie said he would not be spending much time on those, but would need time to consider his decision. He set a new sentencing date for March 11.
