A man with a lengthy record of drug dealing could be sentenced to as much as three years behind bars for selling crack cocaine and heroin out of a home in a Prince George trailer park.
But he could also receive significantly less depending on how well he recovers from surgery he is about to undergo this week.
During a sentencing hearing Tuesday, Justice Ron Tindale said the age of 61-year-old James Edward Hammer and his health are "concerns" he wants to take into consideration when finally issuing a term.
Hammer pleaded guilty to trafficking after he was arrested in April 2014 during a drug bust at the location in the 3400-block of Westwood Drive.
Police seized $3,536 worth of cocaine in rock form and $816 worth of heroin, making Hammer a street level dealer.
However, he had been convicted and sentenced for a similar offence just 14 months before.
As a consequence, Crown prosecution argued for a three-year term less credit for 596 days time served prior to sentencing, for 484 days remaining.
Defence counsel argued for a sentence between time served and two years less time served - working out to about four more months - noting Hammer has not been able to work since undergoing triple bypass surgery 11 years ago, yet has not qualified for a disability pension.
Following the surgery this week for an enlarged vein, the chances Hammer will qualify for a disability pension will increase, the court was told, and Tindale said that could influence his decision.
In February 2013, Hammer was sentenced to 17 months in jail for trafficking and possession of a prohibited weapon from a July 2011 incident that saw police uncover powdered cocaine, crack cocaine, heroin and morphine as well as an assortment of weapons.
His brother, Joseph William Hammer, 54, who had remained in custody since his arrest 20 months before, was sentenced to one more day in jail for possession for the purpose of trafficking from the same incident.
In September 2011, Joseph Hammer escaped sentencing after he was found guilty of trafficking cocaine from an October 2007 incident because the case took too long to conclude.
Judge Michael Brecknell, who blamed a lack of resources for the 43 months it took to reach a verdict, called Hammer an "unrepentant drug dealer" but still remained entitled to a verdict in a timely manner under the Charter of Rights and Freedoms.
