Judge angered at accused's inaction
A convicted drug dealer who failed to show up for a pre-sentence report attracted the wrath of a judge on Wednesday.
David Bruce Sagert, 31, of Sylvan Lake was supposed to be sentenced in Red Deer Court of Queen’s Bench for trafficking in marijuana and possessing $17,000 considered the proceeds of crime.
However, Sagert neglected to report to a probation officer to have the report prepared after he was told one was necessary about 10 weeks ago, when he pleaded guilty.
A much displeased Justice Jim Foster said he’s heard numerous times in the past that an accused fails to follow through on obligations and blames it on his lawyer.
“My assessment is that he was just lying in the weeds hoping this would all go away,” Foster told defence lawyer Kevin Sproule.
Foster said that any excuse Sagert had “just wasn’t good enough.”
Foster said it only came to light that Sagert didn’t get the report done on May 10, too late for anyone to perform the report process.
Sproule said part of the excuse could rest in the fact that in Queen’s Bench, a convicted person who is ordered to have a report prepared doesn’t receive the actual paper directing him to do so.
Sproule said in provincial court the clerk hands the accused an order.
The report allows a probation officer to delve into a file to find out about several aspects of a person’s life. The information is then useful for the court when issuing a sentence.
Foster told Sagert that unless he reported to the probation office by the close of business on Wednesday, he would be arrested and forced to undergo the pre-sentence report.
Sylvan Lake RCMP seized 3.5 kg of marijuana and arrested Sagert in a raid in October 2008.
Police used a search warrant to enter the Sylvan Lake residence, where they found marijuana with a street value of about $24,000. They also seized $17,000 in cash.
Federal Crown prosecutor Dave Inglis told Foster he would seek an 18-to-24-month sentence while Sproule said he would ask for a community-based sentence.
Sagert is due back in court on Aug. 5.
jwilson@reddeeradvocate.
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