News (Media Awareness Project) - CN SN: Judge Wants To Know More About Meth |
Title: | CN SN: Judge Wants To Know More About Meth |
Published On: | 2004-12-22 |
Source: | Regina Leader-Post (CN SN) |
Fetched On: | 2008-08-21 10:22:58 |
JUDGE WANTS TO KNOW MORE ABOUT METH
A judge postponed the sentencing of a Regina man on Tuesday in order
to hear more evidence about the dangers of meth amphetamines versus
cocaine or heroin.
Terry J. Nameth had earlier pleaded guilty to possession and
trafficking of meth amphetamines after his arrest in Saskatoon on
March 16, and subsequent search of his residence in Regina.
In total, police found 134 grams of crystal meth -- 118 grams on his
person and 16 grams at his residence.
A hearing scheduled to start Jan. 12 will address the physical and
mental effects of meth amphetamines on users to help determine how
dangerous it is.
During the sentencing on Monday, questions arose as to the number of
doses 134 grams could be sold for -- specifically what constituted a
single dose of meth.
The Crown insisted one dose, or "hit," was 0.1 grams meaning the total
quantity would translate into 1,340 hits -- a substantial amount.
Defence lawyer Doug Andrews said an addicted user, such as his client
who only trafficked to feed his habit, would use two to three grams
per day and argued that the amount of drug was not
substantial.
The case was adjourned to Tuesday to allow the Crown to call an expert
witness to counter the defence stance. At issue was how seriously the
drug should be treated and how 1,300 doses of meth affects society --
specifically those who buy it -- as compared with other addictive drugs.
"The Crown is simply trying to show it should be treated more
seriously than heroin or cocaine," said Hal Wellsch, agent for the
federal Crown. "... Crystal meth is a drug that is more dangerous than
cocaine and does cause damage to those who use it ... It causes brain
damage. It's an extremely addictive drug."
The Crown called Cpl. Craig Toffoli, a supervisor on Regina's
Integrated Drug Unit, to testify to the use of crystal meth. Andrews
argued that Toffoli, a five-year veteran of the unit, wasn't an expert
on the use of crystal meth because he'd never bought it or used it
himself and his experience on the force didn't constitute an expertise.
"It doesn't seem to me you've proven that," said Judge Linton Smith to
Wellsch regarding his witness' expert status.
The argument over the expertise of the witness and the apparent wish
of the Crown to seek more time to convince Smith of the dangers of the
drug became very heated as both sides seemed to get further apart.
"I object to this whole thing," said Andrews, who was becoming openly
upset at the delays. "We've been trying to deal with this for a month
and a half."
He indicated he feels the only reason the Crown is pushing so hard to
have crystal meth labelled worse than cocaine or heroin is to set a
precedent that it will be dealt with more harshly. If the Crown
succeeds, it could affect all convictions for trafficking meth
amphetamines in the province, though according to Wellsch other
provinces have already gone through this kind of process.
"The reality is, was he trafficking in a substance that has become so
serious for society?" said Smith, saying the hearing Jan. 12 will
examine that question.
"(The Crown is) attempting to prove it's more serious, more physically
damaging ... so I'm prepared to deal with it in that way."
A judge postponed the sentencing of a Regina man on Tuesday in order
to hear more evidence about the dangers of meth amphetamines versus
cocaine or heroin.
Terry J. Nameth had earlier pleaded guilty to possession and
trafficking of meth amphetamines after his arrest in Saskatoon on
March 16, and subsequent search of his residence in Regina.
In total, police found 134 grams of crystal meth -- 118 grams on his
person and 16 grams at his residence.
A hearing scheduled to start Jan. 12 will address the physical and
mental effects of meth amphetamines on users to help determine how
dangerous it is.
During the sentencing on Monday, questions arose as to the number of
doses 134 grams could be sold for -- specifically what constituted a
single dose of meth.
The Crown insisted one dose, or "hit," was 0.1 grams meaning the total
quantity would translate into 1,340 hits -- a substantial amount.
Defence lawyer Doug Andrews said an addicted user, such as his client
who only trafficked to feed his habit, would use two to three grams
per day and argued that the amount of drug was not
substantial.
The case was adjourned to Tuesday to allow the Crown to call an expert
witness to counter the defence stance. At issue was how seriously the
drug should be treated and how 1,300 doses of meth affects society --
specifically those who buy it -- as compared with other addictive drugs.
"The Crown is simply trying to show it should be treated more
seriously than heroin or cocaine," said Hal Wellsch, agent for the
federal Crown. "... Crystal meth is a drug that is more dangerous than
cocaine and does cause damage to those who use it ... It causes brain
damage. It's an extremely addictive drug."
The Crown called Cpl. Craig Toffoli, a supervisor on Regina's
Integrated Drug Unit, to testify to the use of crystal meth. Andrews
argued that Toffoli, a five-year veteran of the unit, wasn't an expert
on the use of crystal meth because he'd never bought it or used it
himself and his experience on the force didn't constitute an expertise.
"It doesn't seem to me you've proven that," said Judge Linton Smith to
Wellsch regarding his witness' expert status.
The argument over the expertise of the witness and the apparent wish
of the Crown to seek more time to convince Smith of the dangers of the
drug became very heated as both sides seemed to get further apart.
"I object to this whole thing," said Andrews, who was becoming openly
upset at the delays. "We've been trying to deal with this for a month
and a half."
He indicated he feels the only reason the Crown is pushing so hard to
have crystal meth labelled worse than cocaine or heroin is to set a
precedent that it will be dealt with more harshly. If the Crown
succeeds, it could affect all convictions for trafficking meth
amphetamines in the province, though according to Wellsch other
provinces have already gone through this kind of process.
"The reality is, was he trafficking in a substance that has become so
serious for society?" said Smith, saying the hearing Jan. 12 will
examine that question.
"(The Crown is) attempting to prove it's more serious, more physically
damaging ... so I'm prepared to deal with it in that way."
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