COURT DOLES OUT HARSHER SENTENCE

Dial-A-Dope Cocaine Trafficker Given Time In Jail Instead Of A
Conditional Sentence

A Campbell River man initially given a two-year conditional sentence
for his role in a dial-a-dope cocaine business will now serve his time
behind bars.

The B.C. Court of Appeal released a judgment Wednesday overturning
Phong Tran's conditional sentence and replacing it with two years in
jail.

"In my view, the sentence must speak to deterrence and denunciation,"
wrote Madam Justice Mary Saunders. "I do not consider the sentence, in
the circumstances, accomplishes that goal."

At the time of his original sentencing, Tran had been convicted of
possession of cocaine for the purpose of trafficking. He had been
caught by RCMP in a sting that took place in Campbell River in March
2005. In that incident, police phoned a number thought to be used for
a "dial-a-dope" operation and asked for drugs. When Tran arrived,
police arrested him and found 13 small bags of cocaine with a street
value between $1,870 and $700.

At the time of his arrest, Tran had a criminal record that included
three similar counts of drug possession. In those previous cases he
had been sentenced to two years probation, and then two concurrent
terms of 18 months in prison. In the sentencing for the 2005 incident,
the original judge wrote: "There is nothing that I can think a period
of in-custody would do to provide reparations for the harm done to
[Tran's] victims or to the community.

"His past conduct persuades me that there is nothing I can do to
promote a sense of responsibility in him or any person like-minded to
sell his drugs to fellow citizens."

On the appeal, the Crown argued Tran's conditional sentence was too
light, especially given his previous convictions. The judge agreed.

"The approach of the sentencing judge reflected in his sentencing
reasons that Mr. Tran is beyond education on this subject is unduly
pessimistic of Mr. Tran's ability to accept Parliament's prohibition
of the drug trade," Justice Saunders said.

"If it is so that Mr. Tran cannot be persuaded to abide by the law,
the result would be a sentence that separates him from society for a
longer period, not, as the sentencing judge appears to have concluded,
for a shorter period."

She found the conditional sentence to be "unjust" and imposed one of
incarceration for two years less a day.