A man sentenced to nine months in jail and six months probation for selling cocaine and oxycodone to undercover Surrey Mounties on four occasions in a dial-a-dope drug trafficking operation has been denied a lesser sentence he sought on appeal to take care of his mother after his sister was murdered.
Tenzin Jamyang Garie, 26, pleaded guilty to drug trafficking and possession, aiming for 18 months of house arrest but a Surrey provincial court judge gave him the jail sentence instead. On appeal, in the Court of Appeal for British Columbia in Vancouver, Garie sought a suspended sentence or a 90-day intermittent sentence, given a 91裸聊视频渃hange in his personal circumstances91裸聊视频� arising from the murder of his sister last month and that his mother will suffer hardship if he91裸聊视频檚 jailed.
The court heard Garie91裸聊视频檚 sister was the victim of a double homicide in Burnaby.
Garie was sentenced Nov. 16, 2021, filed his notice of appeal five days later, was granted leave to appeal and was then released on bail on Nov. 30 last year. He sought to serve his sentence in the community because, since his sister91裸聊视频檚 death, he and his brother have 91裸聊视频渁ssumed responsibility for providing care and financial assistance to their mother who has taken a leave from her employment,91裸聊视频� Justice Sunni Stromberg-Stein noted in her Nov. 10 .
She also noted that once Bill C91裸聊视频�5 introduced by the Trudeau government is proclaimed a conditional sentence order (CSO) would become 91裸聊视频渁n available sentencing option91裸聊视频� for his offences but the bill is presently in its third reading in the Senate and a CSO is not available to him now.
91裸聊视频淢r. Garie reports he was recruited to sell cocaine and oxycodone by an older relative, and did so for six to eight months,91裸聊视频� Stromberg-Stein noted. 91裸聊视频淗e never used the drugs he was selling. He earned approximately $1,000 a week selling drugs, and he saw it as an easy way to make money. The Crown described Mr. Garie as a low91裸聊视频憀evel trafficker.91裸聊视频�
Stromberg-Stein also noted in her reasons that the sentencing judge described Surrey and the Lower Mainland 91裸聊视频渁s 91裸聊视频榦verrun91裸聊视频� with the type of drugs Mr. Garie was trafficking, and observed that dial91裸聊视频慳91裸聊视频慸ope operations make it easy to distribute these drugs in residential areas, and to people who are addicted.91裸聊视频�
91裸聊视频淭he judge made no error in concluding that, in Mr. Garie91裸聊视频檚 case, a CSO was inconsistent with the fundamental purpose and principles of sentencing, having regard to the gravity of the offences and the high moral blameworthiness of Mr. Garie,91裸聊视频� the higher-court judge decided. 91裸聊视频淭he nine91裸聊视频憁onth prison sentence, followed by six months91裸聊视频� probation, in Mr. Garie91裸聊视频檚 case, is far from being demonstrably unfit. If anything can be said, it is very lenient.91裸聊视频�
Stromberg-Stein also found 91裸聊视频減otential hardship on Garie91裸聊视频檚 mother has no bearing on the outcome of this appeal, which is to determine whether the judge erred in principle or imposed a demonstrably unfit sentence having regard to the gravity of the offences and Mr. Garie91裸聊视频檚 moral culpability.
91裸聊视频淲hile the situation is tragic, it does not give rise to the sort of exceptional personal circumstance that would justify going outside the identified generally applicable range of sentence to craft a non91裸聊视频慶ustodial sentence in a case such as this,91裸聊视频� she decided. 91裸聊视频淪uch evidence cannot be used to reduce an otherwise fit sentence to a point where it is no longer fit and proportionate to the gravity of the offence and the moral culpability of the offender.91裸聊视频�
The appeal court judge determined that the Surrey provincial court judge was not in error, and that a CSO, suspended sentence or a 9091裸聊视频慸ay intermittent sentence 91裸聊视频渋s not a fit sentence.
91裸聊视频淭he sentence imposed was fit. It was proportionate to the gravity of the offences and the moral culpability of Mr. Garie,91裸聊视频� she concluded. 91裸聊视频淚 would dismiss the appeal.
Justice Christopher Grauer and Justice Ronald Skolrood agreed.
tom.zytaruk@surreynowleader.com
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