The Crown prosecutor in the case of a Hells Angel convicted of drug trafficking a five-year sentence, while the defence is arguing for no jail time.

Rob Allen was convicted of one count of trafficking cocaine in February after a trial beginning in December. The 36-year-old was arrested alongside 13 others in 2015 as part of the Project Forseti raids – an investigation into organized crime that saw police raid nearly 20 properties across Saskatchewan and Alberta.

Crown prosecutor Douglas Curliss argued the offer to sell cocaine between Allen and police informant Noel harder included elaborate discussion, sophistication and a large amount of drugs.

Although no drugs were ever sold, Curliss called the transaction a “rip off.”

“That hardly makes the crime innocent,” he said during sentencing arguments Wednesday at Saskatoon’s Court of Queen’s Bench.

During trial, 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.

Justice Grant Currie convicted Allen of trafficking cocaine in February – 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.

The transaction wasn’t a rip off or sophisticated because there is no evidence to show there would be a drug deal, defence lawyer Morris Bodnar argued Wednesday. He said the police and Harder took advantage of Allen’s addiction and previously told court the deal was a scenario set up and encouraged by police agents to “nail a Hells Angel.”

“He’s not a criminal, he wasn’t a criminal and he was set up by Noel Harder,” Bodnar said during sentencing arguments.

He added Allen maintains employment and provides for his three children and wife, who is due with another child in late summer.

“Without me they will suffer,” Allen told court at the conclusion of sentencing arguments.

Since his arrest he’s been clean of his opioid addiction and learned how it affected his family, he said.

Bodnar argued Allen’s no prior criminal record, a low-risk of reoffending and numerous letters of recommendation also add to the argument Allen should receive no jail time.

Justice Currie reserved his decision until May 9.