© Gary Kean
Derrick Cross, second from left, is seen in provincial court on Tuesday, Aug. 12, 2014.
The Deer Lake man who has been charged with possessing more than four pounds of pot while serving house arrest for two drug-related offences will have to serve the rest of that sentence behind bars.
In January, Derrick Cross was given a 12-month conditional sentence for possession of drugs for the purpose of trafficking and breaching a previous probation order.
On Aug. 2, the RCMP conducted a search of his home in Deer Lake and found four and a half pounds of marijuana. This constituted two breaches of his conditional sentence order, namely to keep the peace and be of good behaviour and not to possess any illegal drugs.
In provincial court Tuesday, Crown attorney Adam Joyce asked Judge Kymil Howe to terminate the conditional sentence order and order Cross to finish the remainder of the sentence in prison. Defence lawyer Bob Matthews asked the judge to order Cross to only serve a portion of the remaining sentence because prison sentences are usually of shorter duration than those served in the community.
Howe said serving the entire remainder in prison was “the only feasible option” in this case because of the circumstances of the breach. Howe noted Cross had resorted to the same type of criminal activity that had precipitated the conditional sentence order in the first place.
It also didn’t help that Cross has seven other prior convictions for drug offences, dating back to 1995.
Cross has been charged under the Controlled Drugs and Substances Act for the marijuana found in his home, but has yet to enter a plea. He was also set to go on trial today on a charge of possessing oxycodone, but that has now been postponed.
Both of those matters have now been scheduled to be called together in provincial court Sept. 30.