GRAND BANK, NL — A Marystown man has been sentenced to just shy of two and a half years in prison for possession of cocaine for the purposes of trafficking and possession of stolen goods.
In his written decision on sentencing, Judge Harold Porter explained that, on Feb. 19, 2018, RCMP Cst. Chaisson received information that alleged the accused, Gerard Albert Brake Murphy, was involved in drug trafficking.
The accused was arrested on Feb. 22 when the vehicle he was a passenger in was stopped by police. The accused was searched following his arrest, at which time officers found $2,425 in cash, a cell phone, a set of digital scales with cocaine residue on it, plastic baggies, 26.3 grams of cocaine, a THC “gummy bear," and two Percocet (oxycodone) tablets.
Chiasson had also obtained a search warrant for Murphy's residence. In the home, police discovered another cell phone and some plastic baggies. They also found 32 boxed video games, still wrapped in Walmart brand packaging. The games were checked and half were identified as missing from the Marystown Walmart store inventory.
On Feb. 23, the police charged Murphy with two counts of possession for the purpose of trafficking of Schedule I drugs, and also with possession of stolen goods.
Porter wrote that on April 4 the accused elected to be tried in provincial court and pleaded guilty to possession for the purpose of trafficking of cocaine and guilty to the charge of possession of stolen goods.
However, he pleaded not guilty to possession for the purpose of trafficking in oxycodone, but guilty to the lesser included offence of simple possession. Sentencing submissions were made, and the decision reserved.
Porter added in his decision that the accused has an eight-page criminal record, with multiple convictions for drug offences.
“While his criminal record dates back to 1999, the drug offences began in 2005 with a charge of simple possession, for which I suspended the passing of sentence. In 2009, I fined him for possession. Most recently, in 2016, I sentenced him to 450 days for trafficking in a Schedule I drug, and also 120 days, concurrent for possession of marijuana for the purpose of trafficking,” wrote Porter.
He added that prior efforts have failed to deter the accused from offending.
“He was paroled in July 2017, and back in custody in February 2018, meaning that within six months of his release on a 15-month sentence for drug trafficking, he was back at it again.”
The accused was sentenced to 900 days minus 84 days credit for remand for a total sentence of 846 days.
Ancillary orders were also made, including orders of forfeiture, DNA, firearms prohibition, and victim surcharges totalling $600.