Marystown man re­quests longer sen­tence for traf­fick­ing

The Southern Gazette - - Editorial - BY COLIN FAR­RELL MARYSTOWN, N.L. Colin.far­rell@south­erngazette.ca

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.

Joint Sub­mis­sion

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.”

SOUTH­ERN GAZETTE FILE PHOTO

Grand Bank Pro­vin­cial Court.

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