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Judge gives offender two years’ jail for possessing drugs and illegal firearm

A three-day trial had been scheduled for two men accused of firearms- and drug-related offences, but one decided to fire his lawyer while the other decided to plead guilty to his charges.
Prov court 2a
Moose Jaw provincial court is located in the W.G. Davies Building on 110 Ominica Street West. Photo by Jason G. Antonio

A three-day trial had been scheduled for two men accused of firearms- and drug-related offences, but one decided to fire his lawyer while the other decided to plead guilty to his charges.

Scott Matthew Bobbett and Cassidy Levy Allen Atkinson appeared in Moose Jaw Provincial Court recently, but before anything of substance happened, the former sent his legal counsel packing and the latter accepted the charges against him.

Specifically, Atkinson, 31, an area resident, pleaded guilty to possessing a weapon, possessing cocaine and Oxycodone, possessing a firearm knowing the serial number had been removed and possessing a prohibited firearm with ammunition. 

As a result, he must forfeit all items that police seized from him, submit DNA samples and is prohibited for 10 years from owning or possessing firearms. 

The Crown stayed over a dozen remaining charges.

Bobbett’s next court date is Feb. 12. 

As part of a joint submission, Atkinson will spend the next 670 — 22 months — in a provincial jail. However, since he had spent 217 days on remand, the court gave him credit for 326 days, leaving him with 344 days in jail.

The Moose Jaw Police Service began surveilling a home on Fourth Avenue Northeast on June 28, 2023, because sources said it was engaged in drug activity, while it also secured a warrant to search the residence with support from the tactical response team, federal Crown prosecutor Suzanne Young said while reading the facts.

While watching the home, an officer saw some people leave in a Nissan SUV while another — Atkinson — left on foot carrying a backpack. The officer followed the man but lost track of him near Happy Valley Park before re-acquiring a visual — except Atkinson had ditched the backpack. 

Police arrested Atkinson and took him to the police station while they dispatched the K-9 unit to the park to find the backpack, Young said. They found the bag concealed in the bushes, and inside, they discovered a loaded sawed-off firearm with the serial number filed off and an extended gun magazine.

At the time, Atkinson had been on several court orders prohibiting him from possessing firearms. 

Meanwhile, after executing the search warrant on the home, officers discovered small amounts of cocaine and Oxycodone throughout the residence, the Crown prosecutor continued. Officers also arrested the people who had driven away in the Nissan SUV.

Atkinson has a criminal record, including one conviction for trafficking drugs, although the current charge was for simple possession, Young said. The length of his record is an aggravating factor while his firearms offences are serious, and if it weren’t for federal legislation, he would be facing major jail time.

Defence lawyer Doug Andrews told Judge David Chow that Atkinson had a “flurry of offences” in 2011 and 2012 but managed to control his situation by 2017 before acquiring several convictions in 2021.

Atkinson has been in custody since last June and has become clean and sober, while he’s hopeful he can use this time to “get back on track, ”avoid drugs and become more productive to others, Andrews continued. 

“He is fully capable of being a useful member of society,” the defence lawyer added. 

Judge Chow accepted the joint submission since it was “within the reasonable range” and waived the victim fund surcharge. 

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