ESTEVAN — A man has been sentenced after he was arrested for drug trafficking and other charges earlier this year.
Daniel Lowenberg pleaded guilty to one count each of possession for the purpose of trafficking methamphetamine, break and enter with intent to commit an indictable offence, and fraudulently obtaining food and lodging during a video appearance Nov. 10 in Estevan Provincial Court,
Other charges were stayed, including two counts of fraud under $5,000, and single counts of trafficking methamphetamine, uttering threats and possession of a weapon for a dangerous purpose, in this instance a knife.
Lowenberg received a 1,080-day sentence, which equates to nearly 36 months. He had spent 261 days in remand from the time of his arrest to sentencing, and will receive credit for 393 days, leaving him with 687 days remaining from Nov. 10.
Federal prosecutor Kim Stinson told the court that on Feb. 21, the Estevan Police Service was called to a residence for a break and enter in progress. He added three individuals kicked in a door and a verbal altercation occurred.
“When police arrived, all three individuals had fled on foot, however they were apprehended a short distance away. Upon arrest, police searched the accused, Mr. Lowenberg, and found 64.4 grams of a crystalized substance believed to methamphetamine,” said Stinson, later noting the substance tested positive for meth.
Police also located a digital scale, Stinson said, and the crystalized substance was packaged in bags of different sizes.
Stinson said Lowenberg was transported to the police station and lodged in cells.
Provincial prosecutor Travis Avery added Lowenberg kicked the door in in an attempt to retrieve some property. Police also observed damage to the door frame consistent with being kicked.
The drug trafficking and break-and-enter charges will each carry a 1,080-day concurrent sentence, and the fraud charge will have a 30-day concurrent sentence.
Stinson noted Lowenberg has a criminal record that includes drug trafficking, and Avery added Lowenberg has a history of violence and weapons charges from 2021.
Lowenberg’s defence attorney Aleida Oberholzer noted Lowenberg is originally from the Ochapowace Nation and he grew up in Estevan. She added Lowenberg has wrestled with substance abuse since he was 15.
At the time of his arrest, Oberholzer said Lowenberg was consuming up to seven grams of meth a day.
“He recognizes that continued drug use and cycling through custody is incompatible with the parent he wants to be. Although single and transient prior to his arrest, he does continue to have family support and he does have a network in the community [of Estevan],” Oberholzer said.
His health has improved and he has been sober since he has been in custody, she said. The winter arrest occurred during a relapse.
In accepting the joint submission, Judge Douglas Kovach said these matters are always complex, and the best that anyone can do is come up with a sentence within the appropriate range that meets the requirements.
