A drug dealer caught with a significant amount of a deadly narcotic in 2021 was sentenced Monday to five years in a federal penitentiary.
Joshua Benoit-Wilson had 40.8 grams of fentanyl — a "very dangerous, highly addictive drug," federal prosecutor Lindsay Marshall told the court.
Marshall, along with the provincial Crown and defence, agreed that the 29-year-old should do time in prison for that serious offence — and so did the judge.
Benoit-Wilson, who faced a lengthy two-and-half page list of charges, pleaded guilty to a number of offences in February, including three counts of possession for the purpose of trafficking.
Ontario Court Justice John Condon heard the accused has "a long and serious criminal record" that includes weapons offences, and convictions for assault causing bodily harm and aggravated assault.
The lawyers called for five years imprisonment, less credit for 606 days of pre-sentence custody.
This adds up to a further three years, four months, behind bars for his client, defence counsel Bruce Willson said.
Marshall and provincial Crown David Didiodato noted that both drugs and weapons were involved in what occurred.
"We're dealing with an epidemic in our community and across the province," she told Condon, calling the combination of weapons and drugs an aggravating factor.
Didiodato agreed, noting the accused's weapon offence wasn't isolated, but was in conjunction with drug trafficking.
Benoit-Wilson's guilty pleas to a number of counts indicate remorse and saved the court a lot of time, the assistant Crown attorney told Condon.
In addition to the drug offences, he was convicted of possession of a prohibited weapon (brass knuckles), possessing them when he was banned from having weapons and failing to comply with a court order requirement that he have no drugs.
The defence described five years "as a very serious sentence."
His client has a high school and college education and worked as an arborist, Willson said.
"He is remorseful."
Benoit-Wilson's mother passed away while he's been in custody and the Crown agreed to release him to attend her Celebration of Life in Sarnia in May.
"He was out at liberty for five days and could have flown the coop, but he did not, much to his credit," Willson said.
Condon asked if he had anything to say.
"I can honestly say I've learned my lesson,” Benoit-Wilson told the judge.
When he imposed the sentence, Condon noted his record started in 2016, but there were gaps until recently.
"The sentences got higher and higher, longer and longer, to discourage you from coming back to the criminal justice system, but it didn't do that."
The guilty pleas are signs of remorse, along with what Benoit-Wilson told the court, he said.
"There is some optimism today for your rehabilitation."
He imposed 12-month concurrent sentences for the cocaine and other offences, as well as a life-time weapons prohibition.
The fentanyl charge stemmed from a Dec. 12, 2021 search.
City police had located a vehicle, which was connected to a stabbing incident in Garden River, the court heard.
After obtaining a search warrant, they discovered the fentanyl, along with 1.2 grams of crystal meth.
On July 6, 2019, police spotted a vehicle travelling at a high rate of speed in the west end of the city.
Officers caught up with the vehicle on Cornwall Street, near the Portuguese Association hall.
K9 Hecktor was brought in to assist with a search.
The dog sniffed a path from the vehicle to some trees where he located a small black leather case containing baggies of cocaine with a total weight of 15 grams.
The cops found brass knuckles in a laneway.
Later that year, on Nov. 17, officers responded to a report of a white Cadillac that was stuck in a snowbank in front of a house on Shafer Avenue.
Benoit-Wilson, who was unlicensed, was trying to get it out.
Following further investigation he was arrested, Didiodato said.
He had a leather pouch containing small baggies of a white substance (cocaine), along with several dime bags
In addition to the six grams of cocaine, he had $600 in cash.