The federal Crown is seeking a penitentiary sentence of two to three years for a Windsor man who unknowingly sold cocaine to an undercover Windsor police officer in 2024.
Daniel Harrison, 44, pleaded guilty in January to two cocaine trafficking and possession charges. During a sentencing hearing on Friday, his lawyer, Kenneth Marley, argued that Harrison was himself addicted to cocaine and should serve a conditional sentence of 18 to 24 months at home to focus on rehabilitation.
Details of the Offense
According to an agreed statement of facts, Harrison sold 1.4 grams of cocaine to an undercover member of the Windsor Police's Drugs and Gun Enforcement (DIGS) Unit on April 15, 2024. A week later, police executed a search warrant at his residence and seized an additional 97 grams of cocaine, along with two sets of brass knuckles, an airsoft gun, two digital scales, and $900 in currency.
Crown's Position
Federal prosecutor Mitchell Witteveen argued that penitentiary sentences in the range of two to five years are common for individuals who have pleaded guilty to possessing and trafficking similar quantities of cocaine. He emphasized the commercial nature of the operation and the need for general deterrence.
“Given the commercial nature of this operation, and that large incentive for other people to offend, I don’t believe the conditional sentence in this case would be sufficiently denunciatory or leads appropriately to the end of general deterrence,” Witteveen said.
Defense's Argument
Marley countered that Harrison, an addict/trafficker, had taken proactive steps to seek addiction and mental health treatment since his arrest. He noted that Harrison has four adult dependents and currently lacks steady employment, making a conditional sentence a suitable solution for him and his family.
“I ask not that he be rewarded, but that he be encouraged to continue on that rehabilitative path,” Marley told Superior Court Justice Maria Carroccia.
Rehabilitation vs. Punishment
Outside court, Marley explained that the profile of addict/trafficker is common among those convicted of drug trafficking. He distinguished between traffickers motivated purely by profit and those fueling their own addiction, arguing that the latter bear less moral responsibility.
“The criminal code obliges the judge to consider not only the seriousness of the offence, but also the degree of responsibility of the offender,” Marley said. “It’s arguable, and many judges accept that somebody who is trafficking to support an addiction is less morally responsible for the trafficking than somebody who’s doing it purely to make money.”
Justice Carroccia will render a decision in June.
