A Saskatoon Hells Angels member arrested in the Project Forseti raids and convicted of trafficking cocaine is heading to jail for a year.
Rob Allen was handed the one-year sentence Tuesday afternoon at Saskatoon’s Court of Queen’s Bench.
The 36-year-old was one of 14 people arrested in 2015 as part of an investigation into organized crime that saw police raid nearly 20 properties across Saskatchewan and Alberta. He was convicted in February.
His punishment is less than what Justice Grant Currie, who issued the sentence, says is typical of cocaine-trafficking convictions. The typical sentence is 18 months to four years.
"These are not typical circumstances in trafficking cocaine," Currie told court.
The judge said Allen was a credible witness during the trial, which began in December. He said he doesn’t believe Allen was going to sell cocaine or was in a position to sell cocaine, and said he believed Allen only offered to help sell the drug to feed his opioid addiction.
Allen is a productive member of society, he’s no longer an addict, and no cocaine was delivered, Currie told court.
Crown prosecutor Douglas Curliss asked during sentencing arguments last week for a five-year prison sentence, while Allen’s defence lawyer, Morris Bodnar, argued Allen should not spend any time behind bars.
Allen was convicted, even though no drug deal occurred, based on a section of the Controlled Drugs and Substances Act that states it’s illegal for someone to offer to traffic drugs if they know the other person believes the offer to be true, even if the offer isn’t genuine.
Curliss argued during the trial the offer to sell cocaine between Allen and police informant Noel Harder included elaborate discussion, sophistication and a large amount of drugs.
The informant, Harder, testified he and Allen were planning to move one kilogram of cocaine to Saskatoon from Hells Angels in Ontario in 2014. Harder would sell the cocaine, and although Allen would never be in direct contact with the drugs, he would receive a $5,000 cut, according to Harder.
Allen, who testified to being addicted to opioids at the time, said the only reason he went along with the plan was to ensure he would continue to receive OxyContin from Harder. He said he had no intention of following through with the transaction.
The transaction wasn’t sophisticated, Allen’s lawyer, Bodnar, argued last week, because no evidence existed to show a drug deal would occur. Bodnar, who previously told court the deal was a scenario set up and encouraged by police agents to “nail a Hells Angel,” said the police and Harder took advantage of Allen’s addiction.
He said Allen maintains employment and provides for his three children and wife, who is due with another child in late summer. Allen’s no prior criminal record, a low risk of reoffending and numerous letters of recommendation also add to Bodnar’s argument Allen should receive no jail time.
Allen's sentence includes credit for time served of 11 days.