R. v. Johnson, 2013 YKTC 46

Citation: R. v. Johnson, 2013 YKTC 46 Date: 20130510Docket: 12-00841 Registry: Whitehorse IN THE TERRITORIAL COURT OFYUKON Before: Her Honour Judge Ruddy REGINA v.JESSICA RACHELL JOHNSON Appearances: Terri Nguyen Gordon Coffin Counsel for the Crown Counsel for the Defence REASONS FOR SENTENCING [1] RUDDY T.C.J. (Oral): This is the matter of Jessica Johnson. She has entered a guilty plea to a drug traffickingcharge, contrary to s. 5(1) of the Controlled Drugs and Substances Act relating to her attempt to pass a black cloth bag taken from herpurse to her co-accused while in the courtroom for a preliminary hearing.

The bag contained some marihuana, two cigarettes andmatches. She was arrested. During transport, unusual movement was observed. The police later located two syringe packs on the floorof the police vehicle. [2] A strip search, which was conducted later, netted a significant amount of drug paraphernalia both on and in her person,including a marihuana pipe, crack pipe, syringe, papers, and things of that nature. [3] She has a limited, but unrelated, criminal record. The Crown is seeking a sentence in the range of 10 to 12 months; defence issuggesting that six to eight months is appropriate. [4] Ms.

Johnson is 22 years of age, a member of the Kluane First Nation. She clearly has significant issues with drugs, but hassought assistance while in custody, including counselling with the Elizabeth Fry Society, completing the White Bison Program, andcounselling with Evann Lacosse from Kwanlin Dun. [5] There have been cases provided to me. None of these is directly on point, which is not unusual, but they do provide someguidance. On the high end and probably least relevant is R. v. B.J.B., [2005] N.S.J.

No. 258, which involved a conspiracy to smuggle 50grams of hash into a jail that resulted in the 19-year-old offender receiving a two-year sentence. He did have a related record. [6] Next we have R. v. Rathwell, [1988] B.C.J. No. 1610 (B.C.C.A.), which involved a bag with some marihuana, belonging to theaccused, found in a courthouse bathroom with a note that was inconsistent with personal use. He had a prior related conviction andreceived a nine-month sentence. [7] The last case is R. v. Klassen, 2008 YKTC 64 , [2008] Y.J. No. 58.

There was an unrelated record, and the factsinvolved an attempt to pass a marihuana joint, plus .4 grams of crack cocaine to an inmate in a custodial facility. She received a sentenceof four months. [8] In terms of considering the facts that are before me, I must say that to not only bring drugs into the courthouse, but into theactual courtroom and then attempt to pass them while court was in session, demonstrates, in my view, an utter lack of respect for theCourt and a flagrant contempt for the law. In such circumstances, denunciation and deterrence can be the only sentencing principles.

The nature of the conduct demands that a clear message be sent. [9] When I consider the conduct in light of the cases that have been filed, I do see it as significantly more serious than the Klassen,supra, case. [10] With respect to the Rathwell, supra, case, that individual engaged in conduct that was less serious, but, on the other hand, had asignificantly more serious record, including related convictions. [11] I have considered the fact that Ms. Johnson has apologized for her behaviour and appears to recognize the gravity of the

offence. But, as I said, I am of the view that denunciation and deterrence do require a significant sanction to send the message that such conduct, as it exhibits such a blatant disregard and disrespect for the Court, warrants a significant sentence. In my view, a sentence of 10 months is appropriate. [ 12 ] Ms. Johnson has already served six months in pre-trial custody. There is a question that has been raised with respect to credit. There was a s. 524 application.

The law, I would say, is not settled at this point about whether or not that allows for me to give enhanced credit on the basis of lost earned remission. [ 13 ] However, given the nature of the conduct in this particular case, I am satisfied this is not the case in which to resolve that particular issue. I am satisfied that six months’ credit is appropriate, reducing the sentence to one of four months still to be served. [ 14 ] Given the nature of the offence, DNA and firearms orders are both required, so I would make the order that Ms.

Johnson provide such samples of her blood as are necessary for DNA testing and banking. Ms. Johnson, you will also be subject to an order prohibiting you from having in your possession any firearms, ammunition, or explosive substances for a period of 10 years. The victim fine surcharges are waived in light of her custodial status. [ 15 ] THE COURT: I believe that leaves us with Count 2. [ 16 ] MS. NGUYEN: That will be withdrawn. [ 17 ] THE COURT: Thank you. __________________________ RUDDY T.C.J.