COURT CASE CENTRES ON DEFINITION OF DRUG DEALER

How much help can a person give a drug dealer before he or she is
considered a dealer, too?

That question dominated a one-day B.C. Supreme Court trial Tuesday
that saw a brain-injured former drug addict convicted of trafficking cocaine.

Nicodemo Bruzzese, 55, was charged with trafficking following a
transaction involving himself, an undercover officer and a man named
John in July 2010.

The court was told Bruzzese, who has a past history of street-level
trafficking, was targeted by the RCMP's drug squad. The undercover
operative feigned a cellphone call as Bruzzese walked by, making it
seem he was seeking drugs.

Bruzzese walked up to the fellow and asked if he had any spare
change. The officer said he did, but added he was "looking for
something" as his regular guy was dry.

Bruzzese said he might be able to help. The pair walked to two other
men sitting nearby and Bruzzese asked them if they knew the fellow,
if they could vouch for him.

One of the men replied: "I've seen him around."

With that, Bruzzese borrowed the cop's phone and made a call to
arrange a meeting. Bruzzese added he did not want a "hoot" from the
cocaine "rock," but only some change so he could buy his own drugs.
The Mountie gave Bruzzese $2.55.

When they met "John" a while layer, Bruzzese told the dealer the man
had been "vouched for." The officer paid John $50 for a small piece
of cocaine, then left. Bruzzese stayed with John, the court was told.

Justice Robert Powers reviewed the legal definitions of trafficking
made by other judges in different cases, including a Supreme Court of
Canada case that oversees them all.

He said the cases clearly show a person who only helps the buyer
cannot be convicted of trafficking. Driving a person to a drug dealer
and making simple introductions, for example, is not trafficking.

Serving as a middleman, setting up a deal or vouching for a buyer in
the presence of a dealer, however, is trafficking, Powers said, as
the acts facilitate the sale of drugs in a way that would not have
been otherwise possible.

In this case, Powers said Bruzzese's actions brought him little
benefit but he did go beyond merely introducing the officer to John.

"His assistance as well in making the phone calls and taking him to
the location to bring them together . . . was assisting John in
effecting the sale," the judge said.

"I'm satisfied Mr. Bruzzese was a party to this offence. It was lower
end trafficking, but it was still trafficking."

Bruzzese was quickly sentenced, with both lawyers agreeing a
two-year-less-a-day conditional sentence is appropriate in this case.
Federal Crown prosecutor Anthony Varesi said he would normally seek a
year in jail for someone with Bruzzese's criminal history but his
recent effort to improve himself is significant.

Bruzzese has long been addicted to crack but has been off drugs now
for nearly a year, the judge was told. He suffered a brain injury
several years ago in a serious car accident.

Defence lawyer Jeremy Jensen said drugs have cost Bruzzese much,
including the family home bequeathed to him when his father died. In
2009, Bruzzese lost his $350,000 house after it was forfeited to the
government following a guilty plea to trafficking. Then, police said
he twice sold small amounts of crack cocaine to an undercover officer
who knocked at his door.

His recent turnaround, however, has been remarkable, the lawyer said.

"John," the other man who sold the drugs in the undercover
transaction, was never charged.