Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a loaded prohibited or restricted firearm, Trafficking or possession for trafficking (Schedule IV substance)
R. v. Kim
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Billie Onare Kim was convicted after trial of nine counts of possession of controlled substances, including fentanyl and carfentanil, for the purpose of trafficking, and of firearms offences arising from a dial-a-dope stash site in Richmond. The Crown sought a global sentence of 12 years and the defence four to six years. Justice Devlin imposed a global sentence of 10 years, finding that Mr. Kim held a middle management role and that deterrence, denunciation and public protection were paramount.
In the judge's words
1[81] Balancing all of the relevant factors, I am of the view that a global sentence of 10 years is a proportionate, fit, and proper sentence. This sentence serves to denounce Mr. Kim's conduct and to deter him and others from engaging in such pernicious conduct in the future.
The record
Sources
- R. v. Kim, 2022 BCSC 518 Court decision, CanLII, March 29, 2022
[32] The Crown seeks a global sentence of 16 years, reduced to 12 years considering the totality principle.
[36] Counsel for Mr. Kim submits a global sentence in the range of four to six years is appropriate in this particular case.
[1] The accused, Billie Onare Kim, is before the Court today to be sentenced in relation to his participation in a dial-a-dope operation.
[18] The Green Planet dial-a-dope operation was not Mr. Kim's first involvement in criminal activity: After moving to British Columbia in 2003, Mr. Kim became involved with a group of young men who called themselves the Red Scorpions. He then became involved in the drug trade. According to Mr. Kim's criminal record, which was filed as Exhibit #1 at the sentencing hearing, Mr. Kim has one conviction for trafficking in a scheduled substance.
[81] Balancing all of the relevant factors, I am of the view that a global sentence of 10 years is a proportionate, fit, and proper sentence. This sentence serves to denounce Mr. Kim's conduct and to deter him and others from engaging in such pernicious conduct in the future.
[82] Therefore, the total global sentence imposed is 10 years incarceration.
- R. v. Kim, 2022 BCSC 518 Court decision, Courts of British Columbia