Ajax man caught dealing drugs in Sudbury to serve rest of sentence behind bars
Stephen Malabre-Patrick argued he should be released now because of poor conditions at Sudbury Jail
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A southern Ontario drug dealer has failed to convince a Sudbury judge he should be released early because of poor conditions at Sudbury Jail.
Instead, Ontario Court Justice Martin Lambert ruled that Stephen Malabre-Patrick of Ajax will need to finish his sentence for drug trafficking in jail.
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Malabre-Patrick’s lawyer argued his client should be given time-served credit because of poor conditions at Sudbury Jail, such as overcrowding and lockdowns, and be released now.
Now 33, Malabre-Patrick pleaded guilty to cocaine possession for the purpose of trafficking and conspiracy to traffic controlled substances. He was one of six southern Ontario people police officers busted in 2023 for drug trafficking in Sudbury.
The Crown and defence lawyer Thomas Evangelista agreed Malabre-Patrick should receive a sentence of two years less a day. The only thing to be determined was how much pre-trial custody he should get.
The Crown argued Malabre-Patrick should receive the typical 1.5-1 so-called Summers pre-trial custody credit.
Summers credit refers to the practice of a sentencing judge reducing a sentence for the time an individual spent in pre-trial custody. It’s based on the principle that time served before a trial or plea may be considered in determining the final sentence, reflecting that the individual has already endured some of the potential consequences of their actions.
As a result, a judge can subtract 1.5 days from the sentence for every day spent in pre-sentence custody.
Evangelista, however, said his client should also receive a Duncan credit due to poor conditions at Sudbury Jail. If granted, Malabre-Patrick would be released immediately.
A Duncan credit allows a judge to award additional credit for time spent in pre-trial custody beyond the standard 1.5:1 ratio when “particularly harsh” conditions of detention are present.
Justice Lambert, however, didn’t buy that argument. He ruled Malabre-Patrick was entitled only to the 1.5-1 Summers pre-trial custody credit.
Lambert noted that sentences for drug trafficking often involve penitentiary terms, meaning two years or more in a federal jail. He said the Duncan credit is issued for “exceptionally punitive conditions” and granting the extra credit to Malabre-Patrick to turn his sentence into a time-served one “would not reflect the seriousness and gravity of the offences.”
In the end, Malabre-Patrick’s pre-trial custody credit came to 516 days. That leaves him with 213 days or about seven months to serve.
Justice Lambert also issued a 10-year weapons ban and a DNA order.
Lambert noted that Malabre-Patrick, 33, had worked in construction and painting and has a job offer in construction waiting for him upon his release. The judge took into account that Malabre-Patrick completed numerous programs while in custody.
“I accept that Mr. Malabre-Patrick’s pleas of guilt are an indication of remorse on his part,” said Lambert.
Members of the Provincial Joint Forces Guns and Gangs Enforcement Team, in partnership with the Greater Sudbury Police Service and with assistance from the Durham Regional Police, executed warrants in Greater Sudbury, Toronto and Ajax on March 29, 2023, as part of an ongoing investigation that began in August 2022
Malabre-Patrick was one of six people from southern Ontario arrested in a Greater Sudbury home on March 30, 2023, during the execution of a search warrant.
Officers found 200 grams of cocaine with an estimated street value of $100,000 in a bedroom Malabre-Patrick was using.
According to a police news release at the time, officers seized about 2.7 kilograms of cocaine, nearly 300 grams of fentanyl, a loaded nine-millimetre magazine, more than $97,000 in Canadian currency, and $1,000 in counterfeit currency.
After 44 days in custody following his arrest, Malabre-Patrick got bail with strict conditions that included house arrest. He breached those conditions and was back in custody in Oshawa on Aug. 5, 2024, and has remained in custody since.
As a result of the two guilty pleas, the Crown dropped other charges Malabre-Patrick was facing.
X; @HaroldCarmichae
