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Lawyers differ over sentence for police chase, trafficking charge

Crown and defence counsels are at odds over how much time in jail a Prince George man who led police on a chase through city streets should receive.
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Crown and defence counsels are at odds over how much time in jail a Prince George man who led police on a chase through city streets should receive.

Neil Romeo Joseph Hamel, 41, is facing between 18 months and 2 1/2 years based on submissions made during a hearing in provincial court.

Hamel, who is known to police, has remained in custody since the early afternoon of Dec. 15, 2015 after forcing a pursuit that began when he was spotted driving a car in violation of a prohibition.

When the officer in a marked RCMP vehicle caught up to Hamel at Upland Street and Ferry Avenue and activated the emergency lights, Hamel kept going.

Over the course of about 10 minutes, Hamel blew through through two stop signs, struck a pickup truck, drove across two front lawns, hit some boulders, got stuck in a snowbank and, after freeing himself from that, ran into a cement barrier hard enough to leave the car stranded on top of the barrier.

Prior to that, he was seen fishtailing and swerving into oncoming traffic along the slippery winter roads and, at one point, drove into the ditch and back out as he passed a vehicle on the right side. And while damage to the front end of the car from the collision with the pickup slowed Hamel down, he didn't stop, the court was told.

Speeds ranged from as low as 30 km/h to as high as 80 km/h, according to RCMP estimates, as Hamel covered about 1.5 kilometres before ending up on the cement barrier at a dead end on Norwood Street. .

Once out of the car, he then got into a struggle with two officers and appeared to be reaching with something in his pocket - two knives were later found - before he was finally brought under control with the help of a police dog and handcuffed.

A search of the car revealed the apparent reason why Hamel was trying to get away. RCMP found 6.17 grams of methamphetamine as well as a set of weighing scales, along two homemade weapons and ammunition.

Hamel, who has remained in custody since the arrest, subsequently pleaded guilty to one count each of possession for the purpose of trafficking, flight from a peace officer, possessing a weapon for a dangerous purpose and possessing ammunition contrary to an order.

Hamel has trouble with addictions and has a criminal record that dates back to 1995. However, there was a six-year lapse before, beginning in 2006, he was once again on the wrong side of the law, the court heard.

He record includes six previous convictions for trafficking for which he received, in June 2014, concurrent sentences adding up to eight months less credit for time served. The offences date as far back as June 2013.

Despite the sentences and steps towards treatment, Hamel has failed to turn himself around, the court was told.

"Unfortunately, there are certain circumstances where the behaviour is out of control because of an inability to recover from an addiction," Crown prosecutor Emily Yao said and went on to urge judge Michael Gray to emphasis denunciation and deterrence in coming up with a fit sentence for Hamel.

Hamel's record also includes a conviction for dangerous driving from a previous police chase. But this time, Hamel did not plead guilty to that count, opting instead for the less serious charge of fleeing police.

Moreover, a complaint has been filed with the Civilian Review and Complaints Commission for the RCMP over police actions during the arrest. Defence counsel Jason LeBlond said Hamel agrees he did not stop as soon as practical but there is a concern he struck the SUV as a result of the way the RCMP moved their vehicles around to hem him in.

In particular, Crown and defence differ over how the sentences for the counts of trafficking and fleeing police should be handled. Both say 18 months for trafficking and one year for fleeing are appropriate but Yao contends they should be consecutive while LeBlond says they should be concurrent.

Both are submitting concurrent terms of 30 days for the two remaining counts are appropriate.

The matter was adjourned to a later date because the certificates of achievement Hamel has earned while in custody were not available for the hearing on Monday.