Pubdate: Wed, 09 Jun 2010 Source: Express (Nelson, CN BC) Page: Front Page Copyright: 2010 Kootenay Express Communication Corp. Contact: http://www.expressnews.ca/letters.html Website: http://www.expressnews.ca Details: http://www.mapinc.org/media/2339 Author: Julia Gillmor Bookmark: http://mapinc.org/topic/Holy+Smoke JAILTIME AVOIDED ON SENTENCE APPEAL Middlemiss and Defelice Sentenced With House Arrest Instead of Incarceration in Holy Smoke Case On Wednesday, June 2, the British Columbia Court of Appeal, the highest court in BC, decided unanimously to reduce the sentences facing former Holy Smoke Culture Shop owners Paul DeFelice and Alan Middlemiss and employee Kelsey Stratas. DeFelice and Middlemiss faced a sentence of one year in jail that was reduced to nine months house arrest. Stratas, originally given nine months in jail, received six months house arrest. "This sentence is far more appropriate. In fact, it's better than what they had hoped for" said defense attorney Donald Skogstad. "When you go into an appeal you're saying to one judge that another judge is wrong and you have to prove pretty substantial error." As a business, Holy Smoke has been closed down for more than a year and the building has since been sold. DeFelice and Middlemiss made it clear to the courts that they will not continue in that business, nor start another one. "That was a big factor for the court, that they were on bail for four years and no similar activity occurred and they expressed at the trial that they didn't intend to continue selling. They are advocates and they make no apologies for that," Skogstad relays. "They made the point that advocacy is perfectly legal and that the judge must have confused advocacy with an intent to reoffend. That was the essence of the problem." The sentencing of house arrest sets a significant legal precedent. "The decision is very strong affirmative support of house arrest for everybody under every circumstance. That's what I like about it from a legal scholarly point of view. It's a decision that will now be used to support house arrest on every kind of case you can imagine where it's still available," said Skogstad. "If this case has set a precedent for anything, then it is making house arrest more available, which is appropriate. With non-violent offenders like this it should be the rule not the exception." Where advocacy is concerned, DeFelice and Middlemiss have not changed their stance on marijuana. "They will continue to be advocates, they made that clear all along. Advocacy has gotten their cause a long way. There's now medical marijuana because of advocates," adds Skogstad. - --- MAP posted-by: Jay Bergstrom