Trafficking in a Schedule I or II substance, Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Gill
Sentence and the Crown's position
What the law allows
Dilraj Singh Gill was convicted of trafficking in cocaine and two counts of possession for the purpose of trafficking cocaine and a heroin/fentanyl mix, arising from a dial-a-dope operation in North Vancouver in 2018. The Crown sought 24 months' jail; the defence sought a suspended sentence or, alternatively, a conditional sentence. Justice Ahmad imposed two years plus one day in jail, with concurrent nine-month terms on the cocaine counts, finding no exceptional circumstances to justify departing from the normal sentencing ranges.
In the judge's words
1In my view, there is nothing unusual about this case to justify a departure from those normal sentencing ranges, nor were any argued.
The record
- Convicted of
- Trafficking in a Schedule I or II substance (CDSA 5(1))
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- Suspended sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: A.P. Hathorn
Defence: C.B.S. Muldoon
Sources
- R. v. Gill, 2021 BCSC 2269 Court decision, CanLII, October 25, 2021
[38] The Crown submits that a nine‑month jail sentence for each of Counts 1 and 2 involving cocaine and a 24‑month jail sentence for Count 3, involving fentynal, the sentences to be served concurrently, is appropriate.
[40] Mr. Gill submits that a non‑custodial sentence is appropriate in the individualized circumstances of this case. His first position is that "exceptional circumstances", including Mr. Gill's rehabilitation and the existence of a support system, exist so as to warrant a suspended sentence.
[26] Section 5(3) of the CDSA provides that the maximum sentence to which an offender will be liable for trafficking in a Schedule 1 substance, as in the matter at hand, is life imprisonment. There is no minimum sentence in the circumstances of this offender and this offence.
[1] THE COURT: Dilraj Singh Gill was arrested on January 17, 2018, in North Vancouver.
[14] … The probation order includes a condition that he keep the peace and be of good behaviour. He was on probation at the time that he committed these offences.
[75] … In my view, there is nothing unusual about this case to justify a departure from those normal sentencing ranges, nor were any argued.
[77] Mr. Gill, I sentence you as follows: … 9 months in jail for Count 1 on the indictment, being trafficking in cocaine contrary to s. 5(1) of the CDSA; … 9 months in jail for Count 2, being possession of cocaine for the purpose of trafficking, contrary to s. 5(2) of the CDSA; and … 2 years plus one day in jail on Count 3, being possession of diacetylmorphine and fentanyl for the purpose of trafficking, contrary to s. 5(2) of the CDSA. … [78] Those sentences are to be served concurrently.
- R. v. Gill, 2021 BCSC 2269 Court decision, Courts of British Columbia