Pubdate: Mon, 03 Jan 2005 Source: Kamloops Daily News (CN BC) Copyright: 2005 Kamloops Daily News Contact: http://www.kamloopsnews.ca/ Details: http://www.mapinc.org/media/679 Author: Robert Koopmans Bookmark: http://www.mapinc.org/pot.htm (Cannabis) CROWN SAYS DEALER DESERVES 'REAL JAIL' Those who sell marijuana are as much a problem for society as those who grow it, a provincial court judge was told Friday. Federal Crown prosecutor Anthony Varesi made the comments during the sentence hearing of Douglas Yzereef, who was convicted of possession of marijuana for the purpose of trafficking and trafficking. Varesi asked the court to send Yzereef to "real jail" for six to eight months, noting Canada's Supreme Court has recently said trafficking marijuana remains a serious offence. Yzereef was charged after being snared in a small RCMP undercover operation. He was contacted by an officer posing as a drug buyer, and agreed to sell drugs. He was caught with a small baggie. Varesi said Canada's highest court has clearly indicated trafficking is a serious matter, on par with production of pot itself. "This is an indictable matter," said Varesi. "In the Crown's submission, the sellers of marijuana are as culpable as growers. "They need people like Mr. Yzereef to distribute at the street level." But Judge Hermann Rohrmoser questioned the need for so lengthy a jail sentence considering higher courts have overturned jail terms for growers and imposed conditional sentences. "I'm just trying to rationalize the sentencing process here," he said. "I'm not saying trafficking isn't serious, it certainly is. But jail for six to eight months? How does that stack up against conditional sentences for larger grow-ops?" Varesi said jail in this case is as much a response to Yzereef's criminal history as it is an answer to the offence. He said the man has been handed both probation and a conditional sentence in the past, for offences unrelated to drugs. "It hasn't succeeded in rehabilitating him. Given that, a jail sentence is appropriate," said Varesi. Defence lawyer Don Campbell said the evidence suggests Yzereef may have been lured by police into trafficking. As well, the quantity of marijuana found with Yzereef was small, only about seven grams. The judge rejected such suggestions, however, noting it's common for traffickers to say they've been entrapped by police when caught in such fashion. Rohrmoser concluded jail was appropriate and handed Yzereef a 30-day jail sentence to be served intermittently on successive weekends. Yzereef was ordered to report to the Kamloops Regional Correctional sentence on New Year's Eve to serve the first weekend. "The word has to be out there that there will be a serious penalty for trafficking marijuana, said Rohrmoser. Yzereef was also banned from having firearms for 10 years. - --- MAP posted-by: Jo-D