Whitehorse Daily Star

You're ahead of the game,' judge tells man

A young man convicted of drug possession for trafficking was praised in territorial court Friday by his father for accepting responsibility for his actions and making a determined effort to change his life.

By Whitehorse Star on August 7, 2006

A young man convicted of drug possession for trafficking was praised in territorial court Friday by his father for accepting responsibility for his actions and making a determined effort to change his life.

Joel Wilcox, 20, was handed a conditional sentence of 9 1/2 months to be followed by 16 months' probation, as well as one day served for carrying a concealed weapon.

Before the sentence was pronounced, Wilcox's father told the court he believes his son can meet any conditions the court sets out for him.

'I think my son is more than capable of meeting his obligations,' the father told territorial court Judge Heino Lilles. 'I am very, very proud of him.'

Wilcox was arrested last February when Whitehorse RCMP seized the drug tablets outside the Takhini Arena, where a rave was being held.

The drugs contained some methamphetamine, though, as Crown counsellor Mike Cozens pointed out, it's unknown how much Wilcox knew of the ingredients in the ecstasy.

'This is a serious concern in this community,' Cozens said of the drugs. 'It's certainly a community interest issue.'

A pre-sentence report noted that while Wilcox has potential, he's also displayed a lack of social skills and had behavioural problems while in custody at the Whitehorse Correctional Centre.

What's unknown though is how much of that is related to the bipolar disorder Wilcox has only recently received proper medication for.

Cozens also pointed out that to Wilcox's benefit, he pleaded guilty and accepted responsibility for what he did. He's also been candid with police and others involved in the case from the start.

'There's good potential with Mr. Wilcox,' said Cozens.

Wilcox submitted a letter to the court, which Lilles said impressed him. Wilcox, said the judge, clearly has the ability to choose a path that will lead him toward being a contributing member of society.

The young man has shown he's not a successful drug dealer and should 'put his eggs' in another basket, the judge said.

The man's defence counsel, James Van Wart, told the court the case involves a young man who has only been diagnosed about a year ago and only properly medicated within the past month for bipolar disorder.

Wilcox's experimentation with drugs didn't come to fruition until after high school, and the major issues he's facing now are drug use, his illness and his peers, Van Wart said.

'(He's) stubbornly determined to address his risk factors,' he added.

Having a good relationship with his counsellor, Wilcox is prepared to do whatever it takes to deal with his problems, including going into residential treatment if required, said Van Wart.

He's also done what he can to address his mental health issues.

'He's well on the way of working toward that,' said Van Wart.

A stable residence has been offered through a friend, not associated with the drug community, who has an alcohol-free apartment. His friend also set him up with a job and the two will share the rent.

Van Wart said his client views a conditional sentence as a benefit that could provide him with the structure he needs to reach his goals.

'He wants the challenge of abiding by conditions,' said Van Wart.

In this case, Lilles said in delivering his sentence, rehabilitation has to be considered, given the circumstances. A conditional sentence is not without its deterring factors, the judge said.

Among the conditions Wilcox must meet during his 9 1/2-month sentence in the community, he is to:

  • Reside with his friend and not change his address without the permission of his conditional sentence supervisor;

  • abide by a curfew of 6 p.m. to 7 a.m. for the first three months of his sentence, with the balance of the sentence having a curfew of between 8 p.m. and 7 a.m.

He must answer the door or phone at those times for curfew checks. The only exceptions are if he is away for work, if he's in the presence of a responsible, approved adult and with the prior written permission of his conditional sentence supervisor. He must also have written permission for work as well;

  • abstain from alcohol or drugs;

  • provide breath and/or urine samples to be done randomly;

  • not be at a business where the primary function is the sale of alcohol;

  • take counselling, psychiatric assessment and programming as directed;

  • seek medical assistance for mental health issues;

  • not associate with any known drug users, traffickers nor anyone else identified in writing by his conditional sentence supervisors;

  • find and maintain suitable employment; and

  • not have firearms.

His probation includes many similar terms with some exceptions, such as no curfew.

The drugs and weapon seized have been forfeited with a firearms prohibition for 10 years.

Lilles also praised Wilcox for his efforts to deal with his problems after handing down the sentence.

'You're already ahead of the game,' the judge said, noting that few people he deals with come with the supports that he does. 'You're a talented individual.'

Further drug and weapons charges were dropped.

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