While a judge expressed sympathy for a woman considered an “addict-trafficker”, he said there were many reasons he wouldn’t allow her to serve house arrest for dealing fentanyl.
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Justice Robert Gee said one of the most obvious reasons he was sending Ashley Mulligan, 31, to prison was the fact that, as an addict herself, she knew first-hand its devastation.
“You can see fentanyl is destroying your life and it destroys the lives of the people you’re selling it to,” the judge said in Brantford court recently.
Gee noted that the criminal justice system is well acquainted with fentanyl’s “spiderweb effect” on the community.
“A large portion of the cases that come through this court on a daily basis are from people dealing with addictions like this. They’re engaged in breaking and entering, going into cars, stealing from stores because they’re addicted to substances.”
Gee said walking in Brantford’s downtown puts the effects of the opioid crisis “in your face”.
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“It is a threat generally but specifically to this community, which needs to know we won’t tolerate it.”
The judge also noted Mulligan disappeared for more than a year, delaying the case substantially; failed to show up for court due to her addiction struggle, didn’t take responsibility for her actions and, while she had a difficult upbringing, had a lot of positive things in her life.
Mulligan, who took her not-guilty plea to trial – including the first day where it was pointed out that she wasn’t able to stay awake — was convicted of two counts of possession of drugs for the purpose of trafficking.
Her defense lawyer, Derek Chou, urged the judge to consider a low sentence and even a community sentence of house arrest instead of incarceration.
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Chou painted a picture of Mulligan’s insatiable need for drugs that caused her to relapse before she could get into a residential treatment center.
“The term of imprisonment the Crown is seeking would undermine the rehabilitative prospects (of Mulligan), expose her to more negative influences, and potentially exacerbate her addictions and mental health issues. It would be more likely to aggravate these issues than address them.”
Federal prosecutor Tara Mimnagh, pointed out Mulligan was in custody during her sentencing hearing because she was arrested again in Niagara where she now faces charges of robbery, possession of a weapon for a dangerous purposes and breach of release order.
“I’m not even sure how a community service order would work, given that she’s in custody elsewhere,” Mimnagh said.
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She recognized Mulligan’s ongoing efforts to rehabilitate herself but said the $6,000 worth of fentanyl the woman was found carrying, her absence from the court and her behavior while on bail, should ensure she went to prison.
The prosecutor asked the judge to consider a three to four year sentence.
“She may struggle with substance use disorder but that doesn’t obviate her moral guilt. She knows what she is doing and is visiting it on her community members.”
Gee said a three-year sentence would balance all the factors in the case.
Charges against a co-accused man were withdrawn early in the case.
@EXPSGamble
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