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New Brunswick
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'Are You Serious? a Simple Curfew?' Says Judge in Response to Crown, Defence Sentencing Recommendation
While clearly not happy with the joint sentence submission made by the Crown and defense laywers, Grand Falls provincial court Judge Jacques Desjardins did however grant the request for an 18-month suspended sentence to be served in the community for 26-year-old Berthony Julien of Montreal on Tuesday, June 3.
Julien had pleaded guilty during an earlier court appearance to possession of cannabis marijuana for the purpose of trafficking on March 9, 2007 near Woodstock.
Julien had been a passenger in a vehicle driven by Pascal Blais, also of Montreal, when both were stopped by the RCMP on the Trans Canada Highway at 11:50 p.m. on March 9 between Florenceville and Woodstock.
"The officer had seen the vehicle which appeared to be going a higher rate of speed and was being driven in an erratic manner. When it was stopped, the officer smelled a strong odour of marijuana from the vehicle when speaking to its occupants," stated Crown prosecutor Patrick Murchison.
"The vehicle was towed to Woodstock and a search led police to find 42 pounds of cannabis marijuana in bags," he added.
Both Julien and Blais were released, pending charges, after each posted $10,000 bail. A similar charge laid against Blais was withdrawn by the Crown.
"Julien's pre-sentence report is positive. He has pleaded guilty to the charge. They are mitigating factors. The reason for transporting the marijuna was for monetary gain. He is not a courrier and is not involved in the sale of drugs. He was paid before hand to make the trip. He does not associate with people in the drug trade and has no previous criminal record," Murchison told the court. "We recommend he respect a curfew from 11 p.m. to 7 a.m. except for work and educational purposes."
"Are you serious? A simple curfew?", asked Judge Desjardins, who then asked Julien's defense lawyer, Melanie Renault of Laval, Quebec to convince him to grant the joint recommendation.
"He is not a courrier," Renault stated. "He has two stable jobs at the University of Montreal and in advertising for an automobile sales magazine.
He also plans on taking a course as a building inspector. The fact that he has gone through a judicial process seems to have been persuasive. He pleaded guilty to the charge at the first opportunity and cooperated with police following his arrest," she added.
"I am sorry for what I did," stated Julien. "The fact that I do not frequent bars keeps me away from that environment."
"A suspended sentence to be served in the community is not supposed to be a picnic," stated Judge Desjardins. "I have difficulty with that. I am not against it being served in the community but he has to get the message. The only mitigating factors are the facts that he did plead guilty and that he has no previous record. At his age, he can't allow himself to play the ignorance card. He knows better. It is a bit of reluctance that I will grant the 18-month sentence to be served in the community."
During his sentence, Julien must keep the peace, be of good behaviour and remain in his residence between 11 p.m. and 7 a.m. except for a medical emergency and with the written permission of his supervisor. He must abstain from possessing and consuming alcoholic beverages and drugs except for prescribed medication.
He must permit access to his home at any time to police and his supervisor in order to confirm his in-residence status. He must also attend Addiction Services to undergo an assessment and if recommended, attend any treatment program.
Julien had to pay a $100 surcharge or serve two days in jail in default of payment.
Judge Desjardins also granted Renault's request that the $10,000 bail be returned to Blais, a real estate agent, and Julien.
NORML.ORG CN NK: Judge Reluctantly Hands Out Suspended Sentence
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'Are You Serious? a Simple Curfew?' Says Judge in Response to Crown, Defence Sentencing Recommendation
While clearly not happy with the joint sentence submission made by the Crown and defense laywers, Grand Falls provincial court Judge Jacques Desjardins did however grant the request for an 18-month suspended sentence to be served in the community for 26-year-old Berthony Julien of Montreal on Tuesday, June 3.
Julien had pleaded guilty during an earlier court appearance to possession of cannabis marijuana for the purpose of trafficking on March 9, 2007 near Woodstock.
Julien had been a passenger in a vehicle driven by Pascal Blais, also of Montreal, when both were stopped by the RCMP on the Trans Canada Highway at 11:50 p.m. on March 9 between Florenceville and Woodstock.
"The officer had seen the vehicle which appeared to be going a higher rate of speed and was being driven in an erratic manner. When it was stopped, the officer smelled a strong odour of marijuana from the vehicle when speaking to its occupants," stated Crown prosecutor Patrick Murchison.
"The vehicle was towed to Woodstock and a search led police to find 42 pounds of cannabis marijuana in bags," he added.
Both Julien and Blais were released, pending charges, after each posted $10,000 bail. A similar charge laid against Blais was withdrawn by the Crown.
"Julien's pre-sentence report is positive. He has pleaded guilty to the charge. They are mitigating factors. The reason for transporting the marijuna was for monetary gain. He is not a courrier and is not involved in the sale of drugs. He was paid before hand to make the trip. He does not associate with people in the drug trade and has no previous criminal record," Murchison told the court. "We recommend he respect a curfew from 11 p.m. to 7 a.m. except for work and educational purposes."
"Are you serious? A simple curfew?", asked Judge Desjardins, who then asked Julien's defense lawyer, Melanie Renault of Laval, Quebec to convince him to grant the joint recommendation.
"He is not a courrier," Renault stated. "He has two stable jobs at the University of Montreal and in advertising for an automobile sales magazine.
He also plans on taking a course as a building inspector. The fact that he has gone through a judicial process seems to have been persuasive. He pleaded guilty to the charge at the first opportunity and cooperated with police following his arrest," she added.
"I am sorry for what I did," stated Julien. "The fact that I do not frequent bars keeps me away from that environment."
"A suspended sentence to be served in the community is not supposed to be a picnic," stated Judge Desjardins. "I have difficulty with that. I am not against it being served in the community but he has to get the message. The only mitigating factors are the facts that he did plead guilty and that he has no previous record. At his age, he can't allow himself to play the ignorance card. He knows better. It is a bit of reluctance that I will grant the 18-month sentence to be served in the community."
During his sentence, Julien must keep the peace, be of good behaviour and remain in his residence between 11 p.m. and 7 a.m. except for a medical emergency and with the written permission of his supervisor. He must abstain from possessing and consuming alcoholic beverages and drugs except for prescribed medication.
He must permit access to his home at any time to police and his supervisor in order to confirm his in-residence status. He must also attend Addiction Services to undergo an assessment and if recommended, attend any treatment program.
Julien had to pay a $100 surcharge or serve two days in jail in default of payment.
Judge Desjardins also granted Renault's request that the $10,000 bail be returned to Blais, a real estate agent, and Julien.
NORML.ORG CN NK: Judge Reluctantly Hands Out Suspended Sentence
