SELF IMPROVEMENT TRUMPS JAIL TIME FOR DRUG TRAFFICKER

The Crown Has Lost An Appeal Of An 18-Month Conditional Sentence
Given To A Cocaine Dealer.

The appeal was launched on the grounds that the sentencing judge
placed "undue weight" on the man's aboriginal background.

Martin Patrick Charlie, of Cloverdale, had pleaded guilty to
possessing cocaine for the purpose of trafficking after an RCMP
officer caught him with 30 packages of cocaine and 16 packages of
heroin worth about $1,200.

On the day he was arrested, Charlie was already serving nine-months'
house arrest in respect to three drug charges arising out of another
dial-a-dope operation he was involved in.

The Crown had argued for an actual prison term of 18 months to two
years less a day, given this was his second dial-a-dope operation.
The fact that his latest crime occurred while serving a sentence
should have been seen as an aggravating factor, the Crown maintained.

But the sentencing judge, Peder Gulbransen, saw promise in Charlie's
rehabilitation and decided to give him a break.

"Judges sometimes have to take chances," he said.

Justice David Frankel noted, in his reasons for decision, that more
than two years have passed since Charlie was involved in the drug
trade. "Why this case has taken this long to reach this point is not
entirely clear," Frankel noted.

"However, it is a fact that during this period Mr. Charlie has been
subject to stringent conditions, and is a much different person today
than he was in October, 2005."

"It would be unjust," Frankel added, "and counterproductive not only
to Mr. Charlie's interests, but those of society at large, to
interfere with his successful efforts at rehabilitation by sentencing
him to a period of incarceration at this time."