2008/08/07

Andrea Klaasen was convicted on May 28, after a trial in which she represented herself. Judge John Faulkner found Klaasen guilty of possession of drugs for the purpose of trafficking in addition to two charges of failure to appear in court.
The offence occurred on Nov. 19, 2005, when security guards at the WCC saw Klassen passing a small, taped packet to an inmate. The packet was discovered to contain one marijuana joint, containing approximately 0.5 grams of the drug, and the 0.4 grams of crack cocaine. Crown counsel Noel Sinclair said Klaasen was arrested and searched, and found to be in possession of a crack pipe. Sinclair said the most aggravating factor in the case is the very fact that Klaasen was attempting to smuggle drugs into a correctional institution, an act which creates hazards for both staff and inmates at the institution. “It’s a particularly serious situation,” said Sinclair. An underground drug culture in a prison can result in inmates trading personal property or sexual favours for drugs, he said. Drug use in prison also creates hazards for the guards who are exposed to drug-using inmates, particularly those who have been using cocaine, he said. Sinclair said Klaasen has demonstrated a “defiant attitude” throughout the court process and that she is not someone who “wants to be told what to do.” He also said Klaasen has “not accepted much responsibility” for the offence. For these reasons, Sinclair said he did not believe a conditional sentence was appropriate in the case and asked for a three- to four-month jail sentence for Klassen. Sinclair also asked for a consecutive 45-day sentence for the two charges of failure to appear in court in his submission.
“This is an isolated incident in my life. I’ts not something I’m proud of. It’s not something I’ll do again,” Klaasen said when asked if she had anything to add.
Klaasen also said she had to begin work next Monday morning, and said she wanted to serve her sentence conditionally. Faulkner did not accede to her request, instead handing down the four-month sentence. “(Klaasen’s) personality may make it difficult to accept the authority of a conditional sentence officer,” he said.
Faulkner said attempting to smuggle drugs into a correctional institution is indeed a “serious matter” that “has a number of particularly pernicious aspects to it.”
Drug use in prisons presents hazards to both staff and inmates, Faulkner concurred.
The judge added an additional 30-day sentence for two charges of failure to appear in court, which occurred in January 2006 and April 2007, respectively. Faulkner also imposed a 10-year firearms prohibition and a DNA order.

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