Alex Kurial/Local Journalism Initiative

Alfred Moore’s voice broke as he asked for leniency during sentencing. But despite his pleas he’ll spend five years behind bars for drug trafficking.

Moore’s guilt was never in doubt. He’d already been found guilty of trafficking fentanyl following trial, and Feb. 22 appeared in Sarnia Court pleading to several more charges.
“Mr. Moore has spent the better part of 33 years in and out of incarceration,” says Defense Lawyer Nick Cake. “It’s clear what we have here is an addict’s record.”

But the length of Moore’s total sentence was still in question. The COVID-19 pandemic and the current outbreak at the Sarnia Jail, would be a deciding factor.

Cake and Crown Attorney Brian Higgins were in agreement on the original five year term. With time served, Moore had credit for nearly 400 days. But Cake says conditions inside the jail warrant a further reduction, citing “What the pandemic has done to our correctional institutions, and what it will have the ability to do going forward.”

There have been 47 inmate COVID-19 cases at the Sarnia Jail since Feb. 7. During Moore’s appearance this was the largest correctional facility outbreak in Ontario. As of Mar. 2, 12 cases remained active.

Cake says his client, who’s been in jail for several months during the pandemic, has suffered additional hardship due to the virus’ threat. He referenced a decision from Windsor Superior Court in November where Mal Chol, 22, had a year taken off an eight year manslaughter sentence for pre-sentence time spent in COVID-19 lockdown conditions and “because of the psychological effects and awareness of the lingering pandemic in a confined environment,” said Justice Bruce Thomas during Chol’s sentencing.

Chol was sentenced for helping Nour Rabee, then 19, forcibly take Chance Gauthier, 16, to an alley following an argument at a party. Rabee shot Gauthier in the back of the head with a shotgun, and Chol helped clean up the crime scene.

Cake requested “Chol-time” for his Sarnia client; a six month sentence reduction. Higgins agreed that some credit for time spent in COVID-19 lockdown conditions was appropriate, but stressed the aggravating factors in determining a final number.

“Possession for the purpose of trafficking in fentanyl, particularly in the midst of an opioid crisis, in Canada, in North America and in our community, it’s an extremely grave offence,” says Higgins, adding Moore’s criminal record is “dense, it’s continuous, it’s over quite a long span.”

Justice Anne McFadyen also agreed a sentence reduction was warranted given the outbreak, though it wasn’t nearly what Cake hoped for. After adjourning her decision a week to Mar. 1, McFadyen shaved off just 21 days, equal to a 14 day quarantine at time-and-a-half credit.

Moore conceded his addiction issues, but seemed surprised any further jail time was in his future.

“I never expected any kind of sentence like this,” Moore says from the Sarnia Jail’s video suite. “Is there any other kind of sentencing that can be imposed? I’d do any conditions, I’d do any stipulations, I’d do anything to get out.”

But it will be three years, nine months and 26 days before Moore walks out of jail, following his final tally of 429 days pre-sentence custody.

Moore also forfeits $1,640 cash and a cell phone, receives a lifetime weapons ban, and must submit a DNA sample.

The Independent