Pubdate: Fri, 07 May 2004
Source: Halifax Herald (CN NS)
Copyright: 2004 The Halifax Herald Limited
Contact:  http://www.herald.ns.ca/
Details: http://www.mapinc.org/media/180
Author: Tera Camus, Cape Breton Bureau

SELL DRUGS AND YOU'RE GOING TO JAIL, C.B. JUDGE WARNS

New Waterford Man Jailed 2 Months for Selling Two Grams of Hash Oil

SYDNEY - A judge ignored a recommedation for house arrest and instead
jailed a New Waterford man for selling two grams of hashish oil.

Russell MacIntosh, 43, was sentenced to two months behind bars by
Judge Brian Williston, who warned he's not putting up with drug
trafficking anymore.

"There have been recent tragedies that are occurring with use and
misuse of these and other drugs . . . many tragedies," the judge said
of 20 deaths from suspected prescription, illicit drug and alcohol
abuse in the past 18 months.

"The message has to go out it's going to stop and people involved (in
trafficking) are going to go to jail."

Mr. MacIntosh's friends sobbed as the judge tossed out a joint Crown
and defence proposal for eight months' house arrest for the first-time
offender, to be followed by six months' probation.

Crown attorney Dave Iannetti told the court Mr. MacIntosh was just
"minding the store" on March 6 and 7 for his neighbour in the
apartment next door.

An undercover police officer asked him for a gram of hash oil on each
of a pair of visits to the apartment. Mr. MacIntosh, who had agreed to
sell his neighbour's drugs, sold the hash oil, considered a "soft"
drug, for a total of $30.

Police soon returned with a search warrant and found another 178 grams
of hash oil.

Mr. MacIntosh, a part-time worker whose main income is from a
disability cheque, was offered a plea bargain on each count of
trafficking, something the judge is not obliged to accept.

Prior to sentencing, he told Judge Williston: "I'm just sorry for what
happened."

It's the second time in a month that the judge has tossed out a
recommended sentence for a drug trafficker.

In April he sent 65-year-old grandmother Agnes Peckham, also of New
Waterford, to jail for four months for trafficking prescription drugs
including OxyContin, a highly addictive pill linked to eight of the
last 20 sudden deaths in industrial Cape Breton.

Judge Williston said although Mr. MacIntosh fit the bill for house
arrest given he had no prior record, no profit motive and was no
danger to the public, he was still "acting as an agent to sell drugs"
at a time when drug abuse was rampant in the community.

"It's not so much a deterrence to you, as I tend to believe you won't
be involved again. However, it's the message that must be sent to
others, especially to those thinking of getting involved (in the drug
trade) for profit.

"I appreciate Mr. MacIntosh regrets getting involved, but at the same
time there needs to be deterrence in the community for drug
trafficking, considering the tragic consequences." 
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