News (Media Awareness Project) - CN MB: Coke Dealer Free On Bail While Sentence Appealed |
Title: | CN MB: Coke Dealer Free On Bail While Sentence Appealed |
Published On: | 2004-10-01 |
Source: | Winnipeg Free Press (CN MB) |
Fetched On: | 2008-01-17 22:55:48 |
COKE DEALER FREE ON BAIL WHILE SENTENCE APPEALED
The biggest cocaine dealer ever caught by Winnipeg police has been released
on bail after spending only two nights behind bars.
James Jenner, 42, was cleared yesterday to return home while he awaits an
appeal of both his conviction and the eight-year prison sentence he
received earlier this week.
The Crown consented to Jenner's freedom in a surprising move, considering
they had argued he should be given 12 years behind bars and don't believe
the judge made any errors in convicting him.
Defence lawyer Jay Prober acknowledged it was "unusual" for the Crown to
consent to Jenner's release on the same bail conditions he had spent the
past two years living under.
"I believe it was a very fair and gracious move by the Crown," said Prober.
No date has been set for Jenner's appeal.
Under terms of his release, he must forfeit his passport, remain in
Winnipeg, abide by a nightly curfew and post a $100,000 surety which will
be lost if he violates any conditions. If Jenner's conviction stands, he
will be eligible for "accelerated" parole after serving just one-sixth of
his sentence. Jenner plans to appeal the conviction and sentence on the
grounds he is not a major player in the drug trade and was simply a
"custodian" at the time he was arrested, said Prober.
Glowacki disagreed during the sentencing on Tuesday, calling Jenner a
"higher-up".2
Jenner was seeking a sentence of four years.
He was convicted earlier this year of possessing 17 kilograms of cocaine
for the purpose of trafficking. The April 2002 seizure carries an estimated
street value of $2 million and was the largest in Manitoba history.
The biggest cocaine dealer ever caught by Winnipeg police has been released
on bail after spending only two nights behind bars.
James Jenner, 42, was cleared yesterday to return home while he awaits an
appeal of both his conviction and the eight-year prison sentence he
received earlier this week.
The Crown consented to Jenner's freedom in a surprising move, considering
they had argued he should be given 12 years behind bars and don't believe
the judge made any errors in convicting him.
Defence lawyer Jay Prober acknowledged it was "unusual" for the Crown to
consent to Jenner's release on the same bail conditions he had spent the
past two years living under.
"I believe it was a very fair and gracious move by the Crown," said Prober.
No date has been set for Jenner's appeal.
Under terms of his release, he must forfeit his passport, remain in
Winnipeg, abide by a nightly curfew and post a $100,000 surety which will
be lost if he violates any conditions. If Jenner's conviction stands, he
will be eligible for "accelerated" parole after serving just one-sixth of
his sentence. Jenner plans to appeal the conviction and sentence on the
grounds he is not a major player in the drug trade and was simply a
"custodian" at the time he was arrested, said Prober.
Glowacki disagreed during the sentencing on Tuesday, calling Jenner a
"higher-up".2
Jenner was seeking a sentence of four years.
He was convicted earlier this year of possessing 17 kilograms of cocaine
for the purpose of trafficking. The April 2002 seizure carries an estimated
street value of $2 million and was the largest in Manitoba history.
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