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Nine-year sentence sought for Yk man who imported form of fentanyl

A Yellowknife man who ordered a form of fentanyl online in 2016, later giving the powerful drug to a woman who suffered a non-fatal overdose, should receive a nine-year sentence, a prosecutor argued Wednesday.

Darcy Oake, 25, was found guilty of importing, trafficking and possessing for the purpose of trafficking furanylfentanyl SA国际影视传媒 a designer derivative of the potent opioid SA国际影视传媒 in March following a judge-alone trial. In late October 2016, Oake, himself in the throes of addiction, used Bitcoin and encrypted computer software to buy powdered furanylfentanyl over the dark web, accessing a clandestine online market where a variety of drugs could be purchased at the click of a mouse.

The Crown is calling for a nine-year sentence for Darcy Oake, 25. Oake was found guilty after trial of importing, trafficking and possessing for the purpose of trafficking furanylfentanyl SA国际影视传媒 a designer derivative of the potent opioid. He was also convicted of criminal negligence causing bodily harm after giving the drug to a woman who later overdosed. Facebook photo.

On Nov. 23, 2016, almost a month later, two 10-gram shipments arrived at OakeSA国际影视传媒檚 Borden Drive community mailbox from Hong Kong. Half-an-hour later, he overdosed SA国际影视传媒 collapsing on the street after consuming a small line of the mail-ordered opioid. That same day, Oake gave a former friend a line of furanylfentanyl in his garage. She overdosed, too. The female victim was hospitalized; rendered unconscious for 24 hours.

An investigation soon led police to Oake's residence, where he was arrested. The property was carefully combed over by investigators in hazmat suits.

SA国际影视传媒楻isked the life of every person he gave that drug toSA国际影视传媒

Oake was found guilty of criminal negligence causing bodily harm, a conviction rarely seen in drug cases.

SA国际影视传媒淥ake risked the life of every person he gave that drug to,SA国际影视传媒 said Crown prosecutor Duane Praught, noting the drugSA国际影视传媒檚 potency, even in small doses.

Furanylfentanyl is estimated to be about five times less potent than fentanyl, but more powerful than heroin and morphine.

SA国际影视传媒淓very person who came in contact with the package from China to Canada was put in danger. Someone else could have been seriously hurt. ItSA国际影视传媒檚 still an extremely dangerous drug,SA国际影视传媒 continued Praught, noting the testimony of a toxicologist at trial who said a 0.5 mg dose could be lethal.

At trial, Oake denied planning to profit from the furanylfentanyl once it reached the NWT capital.

He testified he was an addict hellbent on scoring cheap drugs online SA国际影视传媒 not a dealer-in-the-making poised to pull in big profits by selling furanylfentanyl, as the Crown contended.

Praught said those views havenSA国际影视传媒檛 seemed to change post-conviction. He said Oake has yet to fully take responsibility for his actions. The financial motivation behind OakeSA国际影视传媒檚 ordering of the drug is also aggravating, said Praught. He pointed to text message exchanges between Oake and an individual known as SA国际影视传媒淏igSA国际影视传媒 who wanted to SA国际影视传媒渂uy allSA国际影视传媒 of the furanylfentanyl.

SA国际影视传媒淗is intent was to sell the drug for resale. Oake wasnSA国际影视传媒檛 a simple street-level seller," said Praught.

SA国际影视传媒楿nsophisticated schemeSA国际影视传媒

OakeSA国际影视传媒檚 lawyer Kate Oja balked at the PraughtSA国际影视传媒檚 characterization of her client.

SA国际影视传媒淚t was an unsophisticated scheme,SA国际影视传媒 she countered. SA国际影视传媒淭hereSA国际影视传媒檚 no evidence Oake was involved in anything but low-level trafficking."

In stressing the potential toll the drug could have had on the streets of Yellowknife, Praught noted that a gram of furanylfentanyl could potentially amount to 1,000 individual doses. Oja cautioned the court in putting too much weight in the amount of furanylfentanyl that Oake ordered. She said it remains unknown how much he was going to keep for himself and how much he planned to sell.

Addiction, not financial gain, was OakeSA国际影视传媒檚 main motivator in importing the drug, she said.

The court heard Oake had a SA国际影视传媒済ood childhood.SA国际影视传媒 At the age of 12, around the time his parents split up, he began drinking and smoking marijuana. By 18, heSA国际影视传媒檇 dropped out of school and was using harder drugs such as cocaine and MDMA (ecstasy). He first tried fentanyl at 19 and used it regularly up until his incarceration, the court heard.

Oja said heSA国际影视传媒檚 participated in outpatient addiction programs and counselling. While in custody at North Slave Correctional Complex, heSA国际影视传媒檚 attended Alcoholics Anonymous and Narcotics Anonymous meetings, but those are now temporarily cancelled due to Covid-19.

His attempts to seek treatment through counselling show a SA国际影视传媒渕otivation to address his addiction,SA国际影视传媒 said Oja. SA国际影视传媒淭hereSA国际影视传媒檚 a prospect for rehabilitation,SA国际影视传媒 noting OakeSA国际影视传媒檚 prior lack of a criminal record.

She admitted her client has shown SA国际影视传媒渢emperedSA国际影视传媒 remorse.

For OakeSA国际影视传媒檚 unlawful importation conviction, Oja is asking the court to consider a five- to six-year sentence SA国际影视传媒 SA国际影视传媒渟till extremely heavySA国际影视传媒 SA国际影视传媒 with the remaining convictions served concurrently.

Nine years, Oja noted, is the sentence Yellowknife SA国际影视传媒渒ingpinSA国际影视传媒 Todd Dube received for running a lucrative and sophisticated drug network that moved cocaine, fentanyl and other drugs throughout the city.

OakeSA国际影视传媒檚 level of involvement in drug trafficking was nowhere near Dube's, said Oja.

Praught reminded the court that Dube entered an early guilty plea. Had he not, Praught said Dube would have faced a 12-year sentence. Oake pleaded guilty to one count of trafficking furanylfentanyl following a preliminary inquiry.

Incidents while in custody 

While Oja acknowledged SA国际影视传媒渆ncouragingSA国际影视传媒 elements in OakeSA国际影视传媒檚 behaviour while in custody SA国际影视传媒 he completed his high school education and participated in business and information technology programs SA国际影视传媒 SA国际影视传媒渄iscouragingSA国际影视传媒 incidents have occurred as well. 

In recent months, according to Praught, Oake stole Naloxone, a drug that blocks the effects of opioids, while in custody. 

In another incident, Praught said that during a phone call at NSCC, Oake was overheard talking about fleeing if granted bail and changing his appearance. 

Oake was released on bail in 2017, but re-arrested following a breach of conditions. HeSA国际影视传媒檚 since been in custody for 1,037 days despite several release bids

With credit for time served in pre-trial custody at one-and-a-half days, that amounts to about four years and three months. That means whatever sentence Oake receives, just over four years will likely be reduced from it. 

Justice Shannon Smallwood is expected to hand down a decision on June 30. 





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