Whitehorse Daily Star

Man jailed two years for extortion, mischief

A 40-year-old Teslin man convicted of extortion and mischief received a two-year jail sentence and one year's probation Thursday in Yukon Supreme Court. He will serve the sentence at the Whitehorse Correctional Centre.

By AP on June 6, 2008

A 40-year-old Teslin man convicted of extortion and mischief received a two-year jail sentence and one year's probation Thursday in Yukon Supreme Court. He will serve the sentence at the Whitehorse Correctional Centre.

Joseph Smarch also pleaded guilty to three breaches of recognizance, for which he received three 30-day sentences, to be served concurrently.

Smarch was convicted on the extortion and mischief charges following a day-long trial last March.

He has been in custody ever since and received five months' credit for time served, effectively reducing his jail sentence to 19 months.

Justice Ron Veale, reading from his written decision, said he was not prepared to impose a conditional sentence because Smarch has no fixed address.

He cannot return to his residence in Teslin due to unpaid rent, noted Veale. As well, no friends nor relatives have come forward to offer their own residence as a place where Smarch could serve a community sentence.

Veale said he does not believe Smarch could adhere to the condition of a conditional sentence and that such a sentence would be a danger to the community.

Veale pointed out that Smarch is an admitted crack cocaine addict who has a "lengthy and serious" criminal record which includes 20 prior convictions.

These include break and enter, assault, uttering threats, drug possession, and possession of a weapon.

Smarch frequently shook his head, held his head in his hands and looked annoyed during the sentencing.

He did so again when Veale said he "shows no remorse and effectively blames the justice system" for his conviction.

Veale said Smarch has a long way to go before he can be rehabilitated and requires long-term, intensive counselling.

Veale imposed a five-year firearms ban in his decision as well.

The Crown sought 36 months in jail for this case. The defence argued that a 10- to 12-month sentence would be more appropriate, citing the fact that no personal violence was inflicted on the victim in the case.

The extortion and mischief charges were laid following an incident that occurred on October 6, 2006, when Smarch appeared at the front door of a male acquaintance in Whitehorse wielding a baseball bat.

Smarch was attempting to get $70 the man owed him for crack cocaine, court heard during the trial.

Damage was done to the man's front door during this incident, court heard, resulting in the mischief charge.

Smarch testified during his trial that he never threatened the man, and had simply found the bat lying in the grass and picked it up to give to his son.

Veale has previously said he does not believe Smarch's testimony due to conflicting evidence from independent witnesses.

Neither of the trial lawyers were present at Thursday's sentencing.

Smarch's original defence counsel, Emily Hill, withdrew from the case last month, citing a fundamental breakdown and loss of confidence between herself and Smarch.

Nils Clarke, whom Smarch secured as counsel through legal aid, has taken her place.

Kevin Komosky acted as Crown counsel during trial, but John Phelps appeared for the Crown yesterday.

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