COKE TERM 'LOW,' BUT JUDGES LET IT STAND

Crown Fails In Bid To Hike 8-Year Sentence

THE Manitoba Court of Appeal has refused the Crown's request to "raise the
bar" on cocaine sentences by upholding an eight-year prison term given to
the largest dealer ever caught by Winnipeg police.

Prosecutor Paul Jensen was seeking a 12-year sentence for James Jenner,
saying the province's highest court should set a new benchmark for this
type of crime.

Jenner was caught in April 2002 carrying 17 kilograms of cocaine.

"There is merit to the Crown's argument. The amount of cocaine seized from
this accused is staggering when compared to other seizures in the past
number of years," said Appeal Court Justice Michel Monnin.

But Monnin and two other judges said they couldn't find any errors in law
that would allow them to overturn the lighter sentence imposed by Queen's
Bench Justice Theodore Glowacki.

"I am of the opinion that a sentence of eight years is on the very low end
of an appropriate range for the role played by the accused and the quantity
of drugs found in his possession," said Monnin. "Although low, it is within
the acceptable range."

Jenner will actually be eligible for "accelerated" parole after serving
just one-sixth of his sentence because he is a first-time, non-violent
offender.

Jenner had been free on bail pending appeal since he was convicted and
sentenced last year of possession of cocaine for the purpose of trafficking.

Under terms of his release, Jenner had to forfeit his passport, remain in
Winnipeg, abide by a nightly curfew and post a $100,000 surety that he
would have lost if he violated any conditions.

Jenner had argued at trial he was not a major player in the drug trade and
was simply a "custodian" at the time he was arrested. Both the Crown and
judge disagreed, saying Jenner would have been one of the "higher-ups" to
be trusted with more than $2 million worth of cocaine.

The Crown painted Jenner as a globe-trotting drug kingpin during his
sentencing hearing and presented photo albums seized from Jenner that show
him vacationing in nearly 50 hot spots around the world in recent years.
Jenner -- who claimed to work as a heavy-equipment operator -- also owned a
Harley Davidson, a home with a pool, Rolex watches and expensive malt
scotch whisky from Scotland, court was told.