Convicted cocaine trafficker Serenus Bryan won't face a three-year sentence - the starting point for commercial cocaine trafficking SA国际影视传媒 after a NWT Supreme Court Justice ruled on Tuesday the 51-year-old trafficked the drug SA国际影视传媒渟ocially."
In court, the distinction is important. It can mean longer or shorter sentences for offenders convicted of trafficking drugs.
A jury found Bryan guilty of trafficking cocaine in November, but acquitted her of trafficking fentanyl. She's set to be sentenced in the coming weeks.
She was one of nearly 30 suspects arrested in 2016 as part of a large-scale operation into drug trafficking in the territory and its capital, dubbed Project Green Manalishi. The probe, launched by the SA国际影视传媒檚 federal investigations arm, targeted two sophisticated drug networks anchored in Yellowknife, one of which was helmed by Todd Dube, who is currently serving a prison sentence for drug-related offences.
Unlike judge-alone trials, a jury isnSA国际影视传媒檛 asked to provide the reasoning behind its finding of guilt. Following a verdict, a sentencing judge accepts all facts, expressed or implied, that form the basis of the guilty verdict. But the court can also call for evidence disclosed at trial to be proven, or hear evidence submitted by the Crown and defence related to the fact.
In this case, the fact was whether or not Bryan trafficked the cocaine socially SA国际影视传媒 at very low levels among her partner or friends SA国际影视传媒 or commercially, a distinction prescribed to the trafficking of larger quantities of cocaine. The "starting point" for the commercial trafficking of cocaine is three years.
Social or SA国际影视传媒渢echnicalSA国际影视传媒 trafficking convictions trigger lower sentences.
On Tuesday, before Justice Shaner made her decision, BryanSA国际影视传媒檚 attorney Steven Smith and Crown prosecutor Duane Praught sparred over the offenderSA国际影视传媒檚 level of involvement in the Dube-led drug network.
Drawing from 25 intercepted communications SA国际影视传媒 the bulk of which featured conversations about cash, drugs and debts between Bryan and Dube SA国际影视传媒 Praught said the evidence speaks for itself. He said conversations about Bryan receiving quantities of cocaine in the range of 3.5 grams to seven grams and more was indicative of commercial trafficking.
At trial, BryanSA国际影视传媒檚 lawyer argued his client was a severe addict who was indeed buying the drugs she spoke about with Dube, but that she consumed the drugs and didn't traffic them.
Praught said evidence does suggest she was consuming some of the cocaine, but that all the evidence pointed to commercial trafficking. He added itSA国际影视传媒檚 possible Bryan trafficked socially, but itSA国际影视传媒檚 not supported by evidence.
Unlike typical drug cases, no physical evidence was tied to Bryan. Police didnSA国际影视传媒檛 seize any drugs, paraphernalia, drug debt lists or score sheets.
Smith said there was SA国际影视传媒渘o questionSA国际影视传媒 Bryan was buying the quantities outlined by Praught, but said there is no evidence she was selling those quantities.
Smith said there is no doubt his client was representing herself as a trafficker to her suppliers, but asserted the Crown hasnSA国际影视传媒檛 proven beyond a reasonable doubt Bryan trafficked commercially.
Following a two-hour adjournment on Tuesday, Shaner agreed.
Shaner said there was ambiguity in the evidence which left her with a reasonable doubt that Bryan trafficked cocaine commercially. She said Bryan wouldnSA国际影视传媒檛 have possessed more than a few grams of cocaine at a time.
But Shaner noted mentions of cooking cocaine into crack cocaine and SA国际影视传媒渞eloadingSA国际影视传媒 drugs in wiretapped calls between Bryan and Dube.
SA国际影视传媒淎ll of this supports trafficking and even probably commercial trafficking, but ISA国际影视传媒檓 not convinced beyond a reasonable doubt the evidence supports commercial trafficking,SA国际影视传媒 said Shaner.
SA国际影视传媒淚n the end ISA国际影视传媒檓 certain she was trafficking cocaine and selling to others. I'm not satisfied it was anything more than low-level trafficking fueled by addiction,SA国际影视传媒 she added.
While the ruling brings this stage of the case to a close, Bryan will be back in court on Jan. 4, when the Crown and the defence will make sentencing submissions.