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Three-year sentence sought for convicted cocaine trafficker

Before Hassen Abdul Kerim Mohamed was convicted in September of possessing cocaine for the purpose of trafficking, his lawyer and prosecutors squabbled over just how involved the B.C. man was in a "sophisticated" drug operation that led to his arrest.

Counsel remained at odds during a sentencing hearing for Mohamed on Wednesday in NWT Supreme Court, with defence and the Crown recommending vastly differently sentences - while continuing to paint two starkly different portraits of how - and why - Mohamed was involved in the drug network.

In April 2015, members of Yellowknife SA国际影视传媒檚 emergency response team raided a Finlayson Drive townhouse using a battering ram and a grenade-like diversion device. Inside, they found Mohamed SA国际影视传媒 and heaps of fentanyl, cocaine and marijuana.

Mounties arrested Mohamed as he exited the residenceSA国际影视传媒檚 second-floor bathroom. A cocaine-filled baggie was found between the accusedSA国际影视传媒檚 legs as he lay handcuffed on the floor.

The homeowner and primary target of the drug raid, William Castro, leaped through a second-floor window during the raid. Casto is currently serving a six-year prison sentence for selling cocaine, fentanyl and marijuana.

During a trial in August, MohamedSA国际影视传媒檚 lawyer, Jennifer Cunningham, characterized her client as a SA国际影视传媒渇ound in,SA国际影视传媒 an unwitting houseguest at CastroSA国际影视传媒檚 residence who had little to no knowledge of his roommateSA国际影视传媒檚 expansive drug enterprise.

Prosecutor Duane Praught, on the other hand, said Mohamed was much more involved in CastroSA国际影视传媒檚 operation, and that he ran drugs to and from the Finlayson Dr. townhouse. In September, Justice Shannon Smallwood rejected CunninghamSA国际影视传媒檚 version of events, convicting Mohamed of possessing cocaine for the purpose of trafficking. But Smallwood wasnSA国际影视传媒檛 satisfied beyond a reasonable doubt that Mohamed possessed the fentanyl found in the house for the purpose of trafficking.

Praught is calling for a three-year sentence. Despite submissions from defence, he said Mohamed was involved in the trafficking of cocaine to make money.

SA国际影视传媒淢r. Mohamed came to the North to sell drugs,SA国际影视传媒 he said in Supreme Court on Wednesday, noting the prevalence of out-of-town dealers setting up shop in the North's profitable market.

Cunningham, on the other hand, said Mohamed was in SA国际影视传媒渢he throws of addictionSA国际影视传媒 at the time of his arrest, and that he was seriously addicted to opiates and other drugs, leaving him homeless at times.

Mohamed completed a 21-month residential treatment program following his arrest.

Calling for a nine-month sentence followed by probation, Cunningham asked Smallwood to consider the SA国际影视传媒渆xceptionalSA国际影视传媒 nature of the case, and cited recent NWT cases where addiction-addled traffickers were handed sentences in the range of six to 10 months.

Praught said there was no evidence in the home to suggest Mohamed was using the drugs he was found with.

Cunningham said the Crown was SA国际影视传媒渟tretching the role,SA国际影视传媒 of her client within CastroSA国际影视传媒檚 network, and urged the court to consider the context of MohamedSA国际影视传媒檚 arrest. She added her client suffers from anxiety after experiencing trauma in his war-torn homeland as a child.

Mohamed broke down as Cunningham outlined his addiction and anxiety issues.

Mohamed was facing drug charges in B.C. at the time of the Yellowknife raid in 2015. Last year, he received a six-month sentence after being convicted of possessing cocaine and heroin for the purpose of trafficking.

Smallwood is expected to give a decision Thursday afternoon.





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