Pubdate: Tue, 17 Jun 2008
Source: Bugle-Observer (CN NK)
Copyright: 2008 CanadaEast Interactive, Brunswick News Inc.
Contact: http://bugleobserver.canadaeast.com/onsite.php?page=contact
Website: http://bugleobserver.canadaeast.com/
Details: http://www.mapinc.org/media/4733
Author:  Madeleine Leclerc
Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada)

JUDGE RELUCTANTLY HANDS OUT SUSPENDED SENTENCE

'Are You Serious? a Simple Curfew?' Says Judge in Response to Crown,
Defence Sentencing Recommendation

While clearly not happy with the joint sentence submission made by the
Crown and defense laywers, Grand Falls provincial court Judge Jacques
Desjardins did however grant the request for an 18-month suspended
sentence to be served in the community for 26-year-old Berthony Julien
of Montreal on Tuesday, June 3.

Julien had pleaded guilty during an earlier court appearance to
possession of cannabis marijuana for the purpose of trafficking on
March 9, 2007 near Woodstock.

Julien had been a passenger in a vehicle driven by Pascal Blais, also
of Montreal, when both were stopped by the RCMP on the Trans Canada
Highway at 11:50 p.m. on March 9 between Florenceville and Woodstock.

"The officer had seen the vehicle which appeared to be going a higher
rate of speed and was being driven in an erratic manner. When it was
stopped, the officer smelled a strong odour of marijuana from the
vehicle when speaking to its occupants," stated Crown prosecutor
Patrick Murchison.

"The vehicle was towed to Woodstock and a search led police to find 42
pounds of cannabis marijuana in bags," he added.

Both Julien and Blais were released, pending charges, after each
posted $10,000 bail. A similar charge laid against Blais was withdrawn
by the Crown.

"Julien's pre-sentence report is positive. He has pleaded guilty to
the charge. They are mitigating factors. The reason for transporting
the marijuna was for monetary gain. He is not a courrier and is not
involved in the sale of drugs. He was paid before hand to make the
trip. He does not associate with people in the drug trade and has no
previous criminal record," Murchison told the court. "We recommend he
respect a curfew from 11 p.m. to 7 a.m. except for work and
educational purposes."

"Are you serious? A simple curfew?", asked Judge Desjardins, who then
asked Julien's defense lawyer, Melanie Renault of Laval, Quebec to
convince him to grant the joint recommendation.

"He is not a courrier," Renault stated. "He has two stable jobs at the
University of Montreal and in advertising for an automobile sales magazine.

He also plans on taking a course as a building inspector. The fact
that he has gone through a judicial process seems to have been
persuasive. He pleaded guilty to the charge at the first opportunity
and cooperated with police following his arrest," she added.

"I am sorry for what I did," stated Julien. "The fact that I do not
frequent bars keeps me away from that environment."

"A suspended sentence to be served in the community is not supposed to
be a picnic," stated Judge Desjardins. "I have difficulty with that. I
am not against it being served in the community but he has to get the
message. The only mitigating factors are the facts that he did plead
guilty and that he has no previous record. At his age, he can't allow
himself to play the ignorance card. He knows better. It is a bit of
reluctance that I will grant the 18-month sentence to be served in the
community."

During his sentence, Julien must keep the peace, be of good behaviour
and remain in his residence between 11 p.m. and 7 a.m. except for a
medical emergency and with the written permission of his supervisor.
He must abstain from possessing and consuming alcoholic beverages and
drugs except for prescribed medication.

He must permit access to his home at any time to police and his
supervisor in order to confirm his in-residence status. He must also
attend Addiction Services to undergo an assessment and if recommended,
attend any treatment program.

Julien had to pay a $100 surcharge or serve two days in jail in
default of payment.

Judge Desjardins also granted Renault's request that the $10,000 bail
be returned to Blais, a real estate agent, and Julien.
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