MOST REPEAT OFFENDERS AVOID JAIL IN B.C.

Only With Nine Or More Convictions Is Jail Time Likely

Even marijuana growers with lengthy criminal records usually escape prison
time in B.C., according to a new study.

The study, by the University College of the Fraser Valley, found that only
10 per cent of people convicted of growing marijuana in B.C. in 2003 were
sentenced to any time in jail -- a figure that has been dropping steadily
from 19 per cent of all offenders in 1997.

Most surprising, however, is that even those offenders who rack up multiple
drug convictions are able to avoid jail time.

The study found that only 11 per cent of convicted growers with one
previous conviction for drug trafficking or marijuana production were sent
to jail.

And among those growers with eight previous drug convictions, only 43 per
cent received a jail sentence.

In fact, according to the study, a grower in B.C. has to rack up nine or
more previous drug convictions before he is more likely than not to get
jail time -- and even then his chance of serving a prison sentence is just
54 per cent.

"The statistics would seem to suggest that jail isn't imposed -- even in
the face of a record," said Bob Prior, director of the federal prosecution
service in B.C.

Prior said it is the policy of the Crown to seek jail time for repeat
offenders -- though judges often don't impose it.

"If the person's got previous drug convictions, certainly if it's
trafficking or cultivation, it's our view jail is appropriate," he said.

Provincial Court Chief Judge Carol Baird Ellan declined a request for an
interview.

However, in past interviews she has said judges are simply following the
direction given to them by the Criminal Code and the rulings of higher courts.

In general, the chances of an offender going to jail go up with each
conviction, but that's not always the case.

The likelihood of being sentenced to jail time rises steadily for those
with between one and five previous drug convictions.

But, oddly, the chances of going to jail then go down again -- with those
with seven previous convictions less likely to go to jail (25 per cent)
than those with four (27 per cent).

After that, though, the chances of going to jail begin to rise again.

Darryl Plecas, the study's lead author, said the statistics on sentencing
are based on hundreds of repeat offenders, meaning the numbers are not
being skewed by just a handful of cases.

Prior said he thinks, in some cases, judges get so fed up with repeat
offenders that they don't automatically hand out tougher sentences for each
successive crime.

"It's a bit of a mystery for me that as you get more convictions you get
less time," Prior said. "[But] I have been in court before and have heard
judges say: 'Nothing appears to be working. So instead of escalating the
sentence, I'll give you the sentence that I think is appropriate for the
conduct [regardless of previous convictions]."

The study suggests many marijuana growers in B.C. are hardened criminals
rather than laid-back hippies.

Nearly half (47 per cent) of all growers have a previous criminal record.

Forty-one per cent have a prior conviction for a violent offence and 22 per
cent have a previous conviction for marijuana cultivation.

The study found that those growers with a criminal record had, on average,
seven previous convictions dating back 13 years.

"We're not talking about a mom-and-pop criminal here," said
Solicitor-General Rich Coleman.

"We're talking about people with a longstanding disrespect for Canadian law."