ST. JOHN'S, N.L. — Two drug-trafficking brothers who had enough supply to last a heavy user for years have been sentenced to different amounts of jail time.
Newfoundland and Labrador Supreme Court Justice Vikas Khaladkar deemed James Patton, 31, the main player in the brothers’ drug operation and sentenced him to almost two and a half years behind bars. The judge sentenced Joshua Patton, 28, to just over a year and a half, saying he had been less involved and was working mainly for his brother.
The brothers had pleaded guilty to charges related to trafficking cocaine, oxycodone, marijuana and hashish. Joshua was also convicted of firearms offences.
The Patton brothers were arrested after a month-long RNC/RCMP investigation in December 2017. After tracking them and keeping an eye on their Mount Pearl and C.B.S. homes, police obtained a warrant to search the residences.
The two men were arrested at Joshua’s home, where police found marijuana and oxycodone pills in a dresser drawer, cocaine in a backpack, marijuana in a vacuum-sealed bag in a bedroom safe and pills, hashish and marijuana in plastic bags on the living room table, along with $1,340 in cash. Police also seized five cellphones, bear spray and two shotguns from the home, and more bear spray and ammunition from a truck outside.
“Engaging in the sale of Schedule I and II drugs adds to the untold misery inflicted on members of society, be they drug addicts or victims of crime deleteriously affected by the illicit trade in drugs." — Supreme Court Justice Vikas Khaladkar
At James’s home, police found vacuum-sealed bags of hashish and marijuana in the rec room, as well as cocaine in a plastic grocery bag and a plastic-lined box hidden above a ceiling tile. More cocaine was seized from the bedroom as were four shotguns, all with trigger locks. James had a licence for the firearms. A dagger was found on a window sill.
Police determined the brothers had enough cocaine to last a heavy user almost a year and enough marijuana to last a heavy user more than two years. The hashish seized would likely do a heavy user just under a year and a half, an RCMP report indicated.
“Considering, that after six months, the THC level in marijuana is normally deteriorated to the point where the user would notice a dramatic different in the high, it does not make sense why a person would be in possession of so much for personal use,” wrote RCMP Cpl. David Emberley, who authored the report.
“It appears that Joshua obtained drugs from his brother James and then proceeded to make smaller sales to his customers,” Khaladkar wrote in his sentencing decisions.
“Engaging in the sale of Schedule I and II drugs adds to the untold misery inflicted on members of society, be they drug addicts or victims of crime deleteriously affected by the illicit trade in drugs,” the judge continued.
Denunciation of the crimes and deterrence of the offenders and like-minded members of the public were the main goals in sentencing, he noted, though they must be tempered with details of the offenders’ specific circumstances and prospects for rehabilitation.
Khaladkar pointed out Joshua has no prior criminal record and shares parenting responsibilities. He spent seven months on remand before sentencing, but his incarceration was “somewhat of his own making,” the judge said.
“While in custody, he has been involved in three altercations, one of which was considered an assault. In respect to the other two incidents, the offender testified he had stopped (an inmate) from attacking another prisoner. In addition, he was found in possession of contraband drugs for anxiety and depression.”
When it came to the older brother, Khaladkar considered a pre-sentence report which revealed a difficult childhood that included abandonment. James had eventually become Joshua’s guardian, the judge said, and the two brothers had supported themselves with odd jobs, child-tax benefit payments and money from a relative. Khaladkar noted James is in a long-term relationship and has twin babies and a job offer for when he’s released from prison. The judge accepted that James feels shame and remorse for his actions.
Khaladkar also stressed the seriousness of the weapons charges.
“Even though the firearms were properly stored with trigger guards in place, the fact that they were present at all in a place where drug deals were being conducted is an aggravating factor,” he wrote. “It is commonly known that drug dealers arm themselves owing to the nature of their business. This creates the potential for violent confrontations, including the loss of life.”
With credit given for the time they have spent in custody, James has roughly two years and three months left on his sentence, while Joshua has about eight months left.
