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Accused in fentanyl case was an addict, not a dealer: defence

The lawyer for Darcy Oake, a Yellowknife man charged with importing a form of fentanyl into the city in 2016, says his client was an addict who ordered the drug online for his own personal use SA国际影视传媒 not a dealer who planned to profit off the powerful opioid once it arrived in the capital.

In closing arguments made Monday, defence lawyer Peter Harte urged a NWT Supreme Court judge not to mistake addiction with an intent to sell drugs.

Oake, 25, is charged with importing and possessing for the purpose of trafficking furanylfentanyl, a synthesized SA国际影视传媒渄esigner drugSA国际影视传媒 estimated to be around five times less potent than fentanyl.

He previously pleaded guilty to one count of trafficking the drug.

Oake is also accused of criminal negligence causing bodily harm after prosecutors allege a woman SA国际影视传媒 a long-time friend and ex-addict SA国际影视传媒 overdosed as a result of the furanylfentanyl he gave her.

Oake was arrested and charged after an investigation into a rash of opioid overdoses in the city led Yellowknife to the accusedSA国际影视传媒檚 Borden Drive home on Nov. 25, 2016. Mounties located a substance that later tested positive as furanylfentanyl.

The seizure triggered a large-scale response from police, who called in the SA国际影视传媒檚 Clandestine Laboratory Enforcement and Response (CLEAR) unit to secure and search the property.

Members of the Clandestine Laboratory Enforcement and Response (CLEAR) investigate Darcy Oake's Borden Drive property on Nov. 26. 2016. photo

Oake went on trial in August. Taking the stand in his own defence, Oake admitted to using Bitcoin, encryption and identity-masking software to buy 10 grams of furanylfentanyl over the SA国际影视传媒渄ark webSA国际影视传媒 in late October 2016. On Nov. 23, 2016, almost a month later, the shipment arrived at OakeSA国际影视传媒檚 Borden Drive mailbox, he said. The accused told the court he overdosed within 30 minutes of its arrival, after snorting a line of the potent mail-ordered drug.

Accused dealer Darcy Oake, 25, will learn his fate in February when a NWT Supreme Court judge is expected to hand down a decision.
Photo sourced from Facebook

A full-blown addict at the time, Oake said he ordered the surprisingly cheap form of fentanyl for himself and no one else.

The Crown says otherwise.

At trial, prosecutor Duane Praught presented a host of text messages he said illustrated OakeSA国际影视传媒檚 involvement in the drug trade SA国际影视传媒 and his intent to sell and profit from the furanylfentanyl he ordered online.

Harte argued the text message exchanges show Oake, in the throws of active addiction, buying and trading drugs for personal use as opportunities presented themselves.

Turning to the importation charge, Harte, echoing OakeSA国际影视传媒檚 testimony at trial, said his client didnSA国际影视传媒檛 know the drugs he ordered were coming from outside of the country.

The Crown, relying on computer data extraction technology and the testimony of OakeSA国际影视传媒檚 alleged victim - she testified she was with the 25-year-old when he ordered the furanylfentanyl from China - alleges the accused knew full well the shipment was coming from outside of the country.

The woman, who regularly used drugs with Oake, said the accused gave her a line of furanylfentanyl on Nov. 23, 2016 SA国际影视传媒 the day the drug arrived in Yellowknife SA国际影视传媒 at his Borden Drive garage. She awoke almost a day-and-a-half later in hospital after suffering an apparent drug overdose.

Oake gave her the drug despite being well aware of its risks SA国际影视传媒 he had overdosed just hours earlier SA国际影视传媒 Praught argued at trial.

Citing the testimony of two medical experts at trial, Harte said there isnSA国际影视传媒檛 enough evidence to conclude the furanylfentanyl Oake provided to the woman caused the woman to fall into an extended SA国际影视传媒渃omatose state.SA国际影视传媒 The woman, he said, could have also ingested anti-anxiety medication she was prescribed at the time.

Justice Shannon Smallwood is expected to hand down a decision on Feb. 17.





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