Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order

R. v. Harmes

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked16 years in custody1
Judge imposed14 years global (12 years on drug/firearm indictment plus 2 years consecutive for breaching firearms prohibitions), less 977 days credit (net 4,133 days)1
2 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked16 years in custody
Judge imposed14 years in custody
Defence asked12 years in custody
For possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Christopher Leigh Harmes was convicted of seven counts of possessing controlled substances for the purpose of trafficking, including 3.5 kilograms of fentanyl, along with firearms offences involving a loaded handgun and a modified rifle at his Mission home, and three counts of breaching firearms prohibition orders. The Crown sought a global sentence of 16 years and the defence 12 years. Justice Devlin imposed a global sentence of 14 years, less 977 days of pre-sentence credit, finding that he was the directing mind of a supply-level fentanyl operation and that protection of the public required his separation from society.

In the judge's words

In this case, protection of the public demands that Mr. Harmes be separated from society. Mr. Harmes' actions revealed an utter disregard for the lives and safety of others; he is an offender who is significantly morally blameworthy and who presents a serious risk to the public.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
12 years in custody1
Appeal
Not yet checked
Counsel
Crown: Michael J.E. Wheeler, Alexandra L. Russell
Defence: Rajdeep Basra, Harbir S. Rehlan

Sources

  1. R. v. Harmes, 2022 BCSC 663 Court decision, CanLII, April 27, 2022[39] The Crown submits that a global sentence of 16 years less time served on pre-sentence detention is the appropriate sentence in this case.[5] Mr. Harmes submits a global sentence of 12 years is appropriate and takes into account the principles of sentencing, including rehabilitation.[1] The accused, Christopher Leigh Harmes, is before the Court today to be sentenced in relation to the possession of a large amount of various controlled substances, together with several firearm offences.[75] In this case, protection of the public demands that Mr. Harmes be separated from society. Mr. Harmes' actions revealed an utter disregard for the lives and safety of others; he is an offender who is significantly morally blameworthy and who presents a serious risk to the public.[81] Balancing all of the relevant factors, I am of the view that a global sentence of 14 years is a proportionate, fit, and proper sentence. … [84] I must also factor into the sentence the credit for your pre-trial custody. I have determined that you are entitled to credit for 651 days in custody, which, at a rate of 1.5:1, yields a total credit of 977 days. Therefore, after subtracting these 977 days from the 12 year sentence imposed on indictment 83326, your sentence in relation to the counts on indictment 83326 is 9 years and 118 days (or 3403 days). Your sentence on indictment 83327 is 2 years (or 730 days), served consecutively. Accordingly, your global sentence is 11 years and 118 days (or 4133 days).
  2. R. v. Harmes, 2022 BCSC 663 Court decision, Courts of British Columbia

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