OFF THE WIRE
Jordan Press
vancouversun.com
The Supreme Court of Canada announced Thursday it would hear an appeal from John Punko and Randy Potts, two men who were charged and convicted of drug trafficking offences while full-patch members of the B.C. Hells Angels. If the charges stick, it would make the East End Hells Angels a criminal organization under the law.
Photograph by: Jason Payne, PNG
OTTAWA — Canada's highest court will decide whether a B.C. chapter of the notorious Hells Angels biker gang can be labelled a criminal organization under Canadian law.
On Thursday, the Supreme Court of Canada announced it would hear an appeal from John Punko and Randy Potts, two men who were charged and convicted of drug trafficking offences while full-patch members of the Hells Angels.
They were arrested in 2005 as part of a $10-million crackdown on the East End Hells Angels.
Federal prosecutors wanted to add gangsterism charges to the list of charges against Punko and Potts, but the trial judge ruled that wasn't possible because the jury hadn't convicted the duo on the criminal organization charges. The judge ruled the Crown couldn't have a second crack at making those charges stick.
The B.C. Court of Appeal overruled the lower court decision and ordered a new trial for Punko and Potts on the criminal organization charges, which, if they stick, would make the East End Hells Angels a criminal organization under the law.
The Supreme Court traditionally does not provide reasons for granting or dismissing leaves to appeal.
In April, the Supreme Court rejected Punko's request for leave to appeal his drug conviction.
Punko was seeking to appeal his sentence, which the B.C. Court of Appeal had substantially increased for drug trafficking and possession of the proceeds of crime.
After Punko pleaded guilty to the offences, he was sentenced on March 12, 2010 by B.C. Supreme Court Justice Peter Leask to three concurrent terms of 14 months imprisonment for conspiracy to produce and traffic methamphetamine, trafficking cocaine and possession of more than $100,000 cash deemed to be the proceeds of crime.
The appeal court increased the 14-month sentence to 38 months for conspiracy to produce and traffic methamphetamine, 24 months consecutive for trafficking in cocaine and 14 months concurrent for possession of proceeds of crime.
Read more:
http://www.canada.com/news/Supreme+Court+decide+Hells+Angels+criminal+organization/5030266/story.html#ixzz1Qp8epNO4
