Pubdate: Thu, 20 Sep 2007
Source: Whitehorse Star (CN YK)
Copyright: 2007 Whitehorse Star
Contact:  http://www.whitehorsestar.com/
Details: http://www.mapinc.org/media/1493
Author: Stephanie Waddell
Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)

AVOID EASY RETIREMENT MONEY, OFFENDER WARNED

A visiting territorial court judge has sentenced a local drug courier 
to a 7 1/2-year penitentiary term in what's been referred to as the 
Yukon's largest drug bust.

While the sentence would be a total of eight years, Jacob Lee, 47, 
was given credit for the months he has spent in custody prior to 
being convicted.

On Wednesday afternoon, Judge Donald Luther agreed to the proposed 
sentence for Lee. The man had pleaded guilty to charges of 
trafficking marijuana and trafficking cocaine.

"It's most important you get your life together," Luther told Lee, 
reminding him he could be close to 60 years old when he's released from prison.

It's important that Lee not take the "easy", criminal way to make 
money, even for retirement, Luther said.

The sentence was suggested through a joint submission by Crown 
prosecutor Eric Marcoux and defence lawyer John Conroy, but before 
reaching his conclusion, Luther brought forward concerns about the proposal.

Lee was arrested last February after the RCMP exercised a search 
warrant on his van after he was stopped on the Alaska Highway.

Amid restaurant supplies in the van, a total of 5.2 kilograms of 
cocaine and 45 kilograms of marijuana were seized along with cell 
phones and a cash counter.

The court heard Wednesday Lee was to be paid $75,000 for bringing the 
drugs from British Columbia to the Yukon.

At the time, Lee was serving parole as part of a sentence, originally 
from the United States, for bringing heroin into the country. His 
20-year sentence had been transferred to Canada and was scheduled to 
expire in 2013.

Luther will have to serve his original term as well as Wednesday's 
term consecutively, which means it could be close to 2020 before he's released.

While he may be released on parole after serving two thirds of his 
sentence, he will not be eligible for early parole because this marks 
his second federal term, Conroy told the court.

While Luther agreed to the proposed term, he also said he believes a 
10-year term would be a more appropriate sentence.

When he brought forward his concerns though, both Conroy and Marcoux 
defended their proposed sentence.

Conroy noted Lee will also be required to serve the remainder of his 
previous sentence in penitentiary and has been in a high-security 
section of the Whitehorse Correctional Centre since his arrest. That 
has meant Lee hasn't had access to programs that are available to 
most remand inmates.

Lee has also co-operated fully with police, admitting his guilt early on.

Marcoux also stressed the Crown is satisfied Lee was operating as a 
courier and not a distributor of the drugs.

While a judge can opt not to go ahead with a joint sentence proposal, 
Luther noted the lawyers had addressed his concerns and that the 
sentence is not bringing the administration of justice into disrepute 
and does meet the public interest.

Further charges of possession of cocaine and marijuana were stayed, 
while trafficking and possession charges against Frank Tse, who was 
in the van with Lee, were also stayed.

Lee told police Tse had no involvement in the drug operation and 
there was no evidence against Tse. 
- ---
MAP posted-by: Richard Lake