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 sa国际传媒渃hange in his personal circumstancessa国际传媒� arising from the murder of his sister last month and that his mother will suffer hardship if hesa国际传媒檚 jailed.
The court heard Gariesa国际传媒檚 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 sistersa国际传媒檚 death, he and his brother have sa国际传媒渁ssumed responsibility for providing care and financial assistance to their mother who has taken a leave from her employment,sa国际传媒� Justice Sunni Stromberg-Stein noted in her Nov. 10 .
She also noted that once Bill Csa国际传媒�5 introduced by the Trudeau government is proclaimed a conditional sentence order (CSO) would become sa国际传媒渁n available sentencing optionsa国际传媒� for his offences but the bill is presently in its third reading in the Senate and a CSO is not available to him now.
sa国际传媒淢r. Garie reports he was recruited to sell cocaine and oxycodone by an older relative, and did so for six to eight months,sa国际传媒� Stromberg-Stein noted. sa国际传媒淗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 lowsa国际传媒憀evel trafficker.sa国际传媒�
Stromberg-Stein also noted in her reasons that the sentencing judge described Surrey and the Lower Mainland sa国际传媒渁s sa国际传媒榦verrunsa国际传媒� with the type of drugs Mr. Garie was trafficking, and observed that dialsa国际传媒慳sa国际传媒慸ope operations make it easy to distribute these drugs in residential areas, and to people who are addicted.sa国际传媒�
sa国际传媒淭he judge made no error in concluding that, in Mr. Gariesa国际传媒檚 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,sa国际传媒� the higher-court judge decided. sa国际传媒淭he ninesa国际传媒憁onth prison sentence, followed by six monthssa国际传媒� probation, in Mr. Gariesa国际传媒檚 case, is far from being demonstrably unfit. If anything can be said, it is very lenient.sa国际传媒�
Stromberg-Stein also found sa国际传媒減otential hardship on Gariesa国际传媒檚 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. Gariesa国际传媒檚 moral culpability.
sa国际传媒淲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 nonsa国际传媒慶ustodial sentence in a case such as this,sa国际传媒� she decided. sa国际传媒淪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.sa国际传媒�
The appeal court judge determined that the Surrey provincial court judge was not in error, and that a CSO, suspended sentence or a 90sa国际传媒慸ay intermittent sentence sa国际传媒渋s not a fit sentence.
sa国际传媒淭he sentence imposed was fit. It was proportionate to the gravity of the offences and the moral culpability of Mr. Garie,sa国际传媒� she concluded. sa国际传媒淚 would dismiss the appeal.
Justice Christopher Grauer and Justice Ronald Skolrood agreed.
tom.zytaruk@surreynowleader.com
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