Pubdate: Sat, 09 Apr 2005 Source: Winnipeg Free Press (CN MB) Copyright: 2005 Winnipeg Free Press Contact: http://www.winnipegfreepress.com/ Details: http://www.mapinc.org/media/502 Author: Mike McIntyre Bookmark: http://www.mapinc.org/coke.htm (Cocaine) COKE TERM 'LOW,' BUT JUDGES LET IT STAND Crown Fails In Bid To Hike 8-Year Sentence THE Manitoba Court of Appeal has refused the Crown's request to "raise the bar" on cocaine sentences by upholding an eight-year prison term given to the largest dealer ever caught by Winnipeg police. Prosecutor Paul Jensen was seeking a 12-year sentence for James Jenner, saying the province's highest court should set a new benchmark for this type of crime. Jenner was caught in April 2002 carrying 17 kilograms of cocaine. "There is merit to the Crown's argument. The amount of cocaine seized from this accused is staggering when compared to other seizures in the past number of years," said Appeal Court Justice Michel Monnin. But Monnin and two other judges said they couldn't find any errors in law that would allow them to overturn the lighter sentence imposed by Queen's Bench Justice Theodore Glowacki. "I am of the opinion that a sentence of eight years is on the very low end of an appropriate range for the role played by the accused and the quantity of drugs found in his possession," said Monnin. "Although low, it is within the acceptable range." Jenner will actually be eligible for "accelerated" parole after serving just one-sixth of his sentence because he is a first-time, non-violent offender. Jenner had been free on bail pending appeal since he was convicted and sentenced last year of possession of cocaine for the purpose of trafficking. Under terms of his release, Jenner had to forfeit his passport, remain in Winnipeg, abide by a nightly curfew and post a $100,000 surety that he would have lost if he violated any conditions. Jenner had argued at trial he was not a major player in the drug trade and was simply a "custodian" at the time he was arrested. Both the Crown and judge disagreed, saying Jenner would have been one of the "higher-ups" to be trusted with more than $2 million worth of cocaine. The Crown painted Jenner as a globe-trotting drug kingpin during his sentencing hearing and presented photo albums seized from Jenner that show him vacationing in nearly 50 hot spots around the world in recent years. Jenner -- who claimed to work as a heavy-equipment operator -- also owned a Harley Davidson, a home with a pool, Rolex watches and expensive malt scotch whisky from Scotland, court was told. - --- MAP posted-by: Jay Bergstrom