Marystown man requests longer sentence for trafficking
In an unusual turn of events, a man from Marystown guilty of trafficking prescription drugs requested that the provincial court in Grand Bank give him a longer sentence.
Chad Emberley, who pleaded guilty to charges of trafficking oxycodone and Ritalin, possessing Demerol and breaching probation, asked the court for a longer sentence.
In his written decision on sentencing, Judge Harold Porter explained, “Counsel for the accused said that his client did not want the enhanced credit (of time-and-a-half) for the remand time, because it would have the effect of reducing the sentence from a federal sentence to a sentence served in a provincial institution. Despite the usual practice of enhanced credit for time spent on remand, the accused wanted to be credited with time spent on remand on a 1:1 basis.”
A sentence of two years or more results in an inmate being kept in a federal prison.
According to an agreed statement of facts, on March 5, 2018, the police received an anonymous tip alleging Emberley, who was known to police, was making a run to collect Ritalin for sale.
He was seen by police exiting a local pharmacy before he got into his vehicle and drove to an address known to police as a drug house. Upon exiting the residence, he was stopped by police.
“Of the 360 Ritalin (pills) which had been dispensed to him in compliance with a prescription, he now only had 330,” read the decision, “It appeared that he had traded the Ritalin for Demerol, because he had 30 Demerol tablets, but he did not have a prescription for Demerol. His cell phone was also seized.”
Police said evidence found on the cell phone was consistent with trafficking in methylphenidate (Ritalin), pethidine and oxycodone.
Judge Porter gave a breakdown of the joint submission on sentencing — 900 days in custody, less remand credit, for the Oxycodone offence; 450 days, concurrent, for the Ritalin offence; 120 days, concurrent, for the Demerol offence; and 30 days, consecutive, for the breach of probation.
A DNA order, firearms prohibition for life; and victim surcharges were also part of the submission to the court.
In conclusion Judge Porter wrote, “The accused pleaded guilty to a number of drug offences. He has a criminal record, including a prior conviction for drug trafficking. A joint submission on sentence was endorsed, and he was sentenced to 930 days in custody, less 1:1 credit for time served, resulting in a net sentence of 753 days in custody. Ancillary orders were also made.”
Grand Bank Provincial Court.