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 含羞草研究社渃hange in his personal circumstances含羞草研究社� arising from the murder of his sister last month and that his mother will suffer hardship if he含羞草研究社檚 jailed.

The court heard Garie含羞草研究社檚 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 sister含羞草研究社檚 death, he and his brother have 含羞草研究社渁ssumed responsibility for providing care and financial assistance to their mother who has taken a leave from her employment,含羞草研究社� Justice Sunni Stromberg-Stein noted in her Nov. 10 .

She also noted that once Bill C含羞草研究社�5 introduced by the Trudeau government is proclaimed a conditional sentence order (CSO) would become 含羞草研究社渁n available sentencing option含羞草研究社� for his offences but the bill is presently in its third reading in the Senate and a CSO is not available to him now.

含羞草研究社淢r. Garie reports he was recruited to sell cocaine and oxycodone by an older relative, and did so for six to eight months,含羞草研究社� Stromberg-Stein noted. 含羞草研究社淗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 low含羞草研究社憀evel trafficker.含羞草研究社�

Stromberg-Stein also noted in her reasons that the sentencing judge described Surrey and the Lower Mainland 含羞草研究社渁s 含羞草研究社榦verrun含羞草研究社� with the type of drugs Mr. Garie was trafficking, and observed that dial含羞草研究社慳含羞草研究社慸ope operations make it easy to distribute these drugs in residential areas, and to people who are addicted.含羞草研究社�

含羞草研究社淭he judge made no error in concluding that, in Mr. Garie含羞草研究社檚 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,含羞草研究社� the higher-court judge decided. 含羞草研究社淭he nine含羞草研究社憁onth prison sentence, followed by six months含羞草研究社� probation, in Mr. Garie含羞草研究社檚 case, is far from being demonstrably unfit. If anything can be said, it is very lenient.含羞草研究社�

Stromberg-Stein also found 含羞草研究社減otential hardship on Garie含羞草研究社檚 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. Garie含羞草研究社檚 moral culpability.

含羞草研究社淲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 non含羞草研究社慶ustodial sentence in a case such as this,含羞草研究社� she decided. 含羞草研究社淪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.含羞草研究社�

The appeal court judge determined that the Surrey provincial court judge was not in error, and that a CSO, suspended sentence or a 90含羞草研究社慸ay intermittent sentence 含羞草研究社渋s not a fit sentence.

含羞草研究社淭he sentence imposed was fit. It was proportionate to the gravity of the offences and the moral culpability of Mr. Garie,含羞草研究社� she concluded. 含羞草研究社淚 would dismiss the appeal.

Justice Christopher Grauer and Justice Ronald Skolrood agreed.

tom.zytaruk@surreynowleader.com
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