THUNDER BAY - A Toronto man charged with possessing one count of cocaine in Thunder Bay last summer was sentenced to time served on Monday.
Jahmal Oliver Kerr, 27, pleaded guilty to one count of simple possession of cocaine following a search warrant that took place last summer.
Crown prosecutor Misbah Haque says on June 12, 2019, members of the Thunder Bay Police Service executed a march warrant at 277 Pearl Street.
“Police officers found a number of individuals in the home including Kerr’s co-accused,” Haque said. “(Officers) found Mr. Kerr in the bathroom who appeared to be flushing something down the toilet.”
Subsequently, officers found 5.4 grams of crack cocaine in the toilet, 17 tablets of morphine of various milligrams, two and a half oxycodone pills, two cellphones, scales and more than $3,000 in cash.
Kerr’s lawyer, Amanda Gallo and Crown counsel submitted a joint submission for Kerr recommending he be sentenced to time served. He had already accumulated 53 days of time in pre-sentence custody.
Gallo highlighted a large gap in Kerr’s criminal record stating there had been no criminal activity between 2011 and 2017 and that this spoke to his character and willingness to keep out of trouble.
His lawyer also spoke of the conditions of the local jail and the issues it faces with overcrowding. Gallo said many inmates are typically declined access to programs, have difficulty getting to telephones and are usually in a jam-packed cell with several other inmates.
Justice Jeanine LeRoy endorsed the joint submission after hearing from both defence and crown, accepting that time served met the principles of denunciation and deterrence in this case.
“It’s appropriate because you have entered a guilty plea, it’s appropriate because of the circumstances…you have spent 35 days in pre-plea custody,” she said.
Kerr spoke briefly when Justice Jeanine LeRoy asked him to speak.
“There is no point bringing this to trial so I am going to plead and accept my sentence,” he said.
