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