A man who was sentenced to nine months in jail and six months suspended for four undercover sales of cocaine and oxycodone to Surrey Mounties in a dial-up drug-trafficking operation is appealing for a lighter sentence to care for his mother Rejected after his sister was murdered.
Tenzin Jamyang Garie, 26, pleaded guilty to drug trafficking and possession and was set to serve 18 months of house arrest, but a Surrey Provincial Court judge sentenced him to jail. On appeal, Gary is seeking probation or a 90-day intermittent sentence in the British Columbia Court of Appeal in Vancouver because of “a change in his personal circumstances” caused by the murder of his sister last month and the fact that his mother will be charged if he is sentenced. In prison, he will suffer.
Garie’s sister was the victim of a double homicide in Burnaby, the court heard.
Garie was sentenced on 16 November 2021, lodged a notice of appeal five days later, was allowed to appeal and was then released on bail on 30 November last year.He sought community time because since his sister’s death, he and his brother “assumed responsibility for the care and financial assistance of a mother on leave,” Judge Sunni Stromberg-Stein said in her Nov. 10 s reason judge.
She also noted that a conditional sentencing order (CSO) would be “an available sentencing option” for his crimes once Bill C-5, proposed by the Trudeau government but currently undergoing its third reading in the Senate, is announced , CSO is he is not available now.
“Mr. Garie reported that he was recruited by an elderly relative to sell cocaine and oxycodone and did so for six to eight months,” Stromberg-Stein noted. “He never used the drugs he sold. He makes about $1,000 a week selling drugs, which he sees as an easy way to make money. Officials describe Mr Gary as a low-level trafficker.
Stromberg-Stein also noted in her reasoning that the sentencing judge described Surrey and the Lower Mainland as “awash with the types of drugs Mr Garie was trafficking” and observed that the dial-up operation made it easy to distribute these drugs in residential areas, and to addicted people. “
“The judge did not erroneously conclude that, in the case of Mr. Gary, the CSO did not meet the fundamental purposes and principles of sentencing, given the seriousness of the offense and Mr. Gary’s high moral responsibility,” the Higher-Court Judge decided. “In Mr Garie’s case, nine months’ imprisonment and six months’ probation were far from proving unseemly. If anything, it was lenient.”
Stromberg-Stein also found that “Garie’s mother’s potential difficulties were irrelevant to the outcome of this appeal, which was to determine whether the judge erred in principle or made a manifestly inappropriate decision taking into account the seriousness of the offense and Mr. Garie’s moral values.” Appropriate sentence. Guilty.
“While the circumstances are tragic, it does not lead to that particular individual circumstance as to justify the enactment of a non-custodial sentence in such circumstances beyond the established generally applicable range of sentences,” she decided. “Such evidence cannot be used to reduce an otherwise appropriate sentence to an extent that is no longer appropriate and commensurate with the seriousness of the crime and the moral culpability of the offender.”
The Court of Appeal judge ruled that the Surrey Provincial Court judge was not at fault and that the CSO, suspended sentence or 90-day intermittent sentence “was not an appropriate sentence.
“The sentence is appropriate. It is proportionate to the seriousness of the offense and Mr Gary’s moral culpability,” she concluded. “I will dismiss the appeal.
Judges Christopher Grauer and Ronald Skolrood agreed.
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Courts Criminal Justice Drugs Surrey