A Yorkton judge has decided 18 months is a suitable prison term for a 42-year-old Melville man who pleaded guilty last month to trafficking methamphetamine.
At a sentencing hearing February 19, Judge Patrick Koskie heard submissions from the federal Crown seeking 30 months and defence for six months to a year for Lucius Kowaski.
Prosecutor Rhiannon Rees argued meth is a horrific Schedule I drug with devastating impacts for both users and society, characterized Kowaski’s sale of 2.4 grams of the substance to an undercover RCMP officer as an organized “dial-a-dope” operation and cited a lengthy criminal record as justification for the 30-month recommendation. She also submitted case law supporting a range of 18 months to four years as normal for similar offences.
Defence attorney Sharon Fox objected to Rees’ submission on the evils of meth saying the prosecutor had not provided evidence of such, argued her client was simply selling to support his own addiction and downplayed his criminal record again on the basis that it was driven by addiction.
Fox told the Court there were several other mitigating factors in the defendant’s favour including being involved in a stabilizing relationship, prospective employment and recent efforts to address his drug problem. She also introduced case law of offenders who received sentences of less than 18 months for Schedule I trafficking offences.
Koskie adjourned the hearing without a ruling. On March 11, he rendered his decision.
The judge acknowledged the small quantity of drugs and Kowaski’s personal circumstances as mitigating factors characterizing the offence as being on “the lowest end of the trafficking food chain.” He stressed, however, that personal circumstances of the defendant are secondary to denunciation and deterrence in Schedule I drug trafficking cases.
He also dismissed most of the defence’s precedents on the basis most of the defendants were younger with lesser criminal histories and many of those decisions were based on the availability at the time of conditional sentence orders, an avenue closed to judges by the most recent former federal government.
Koskie called Fox’s objection to the Crown’s lack of evidence on the impact of methamphetamine “proper,” but noted Parliament considers trafficking of hard drugs “very serious.”
He further noted the offence had occurred just one month after Kowaski had been released from prison where he served a one-year sentence on weapons charges.
Finally, the judge said he accepted the Crown’s position that the range of 18-months to four years was appropriate given the totality of the circumstances.
He commended the accused for attempting to turn his life around and wished him luck, but said with Kowaski’s record there was no way he could get outside the range. He sentenced Kowaski to 18 months in prison less 91 days credit for 61 days in remand.
Upon his release, Kowaski will serve 12 months probation during which he will be required to participate in assessment and treatment for addictions.
