Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Dinh
Sentence and the Crown's position
What the law allows
Hong Dinh, also known as Carrie Dinh, was convicted after trial of possessing about one kilogram of fentanyl for the purpose of trafficking, which she collected in Langley while acting as a courier. The Crown sought nine years of imprisonment and the defence sought four to six years. Justice G.C. Weatherill imposed eight years, finding that her role as a mere courier did not reduce her moral blameworthiness and that no exceptional circumstances justified departing from the established range.
In the judge's words
1[44] Ms. Dinh's moral blameworthiness is not attenuated by the fact that she was a mere courier. [45] In my view, there are no exceptional circumstances justifying a departure from the range stipulated by the Supreme Court of Canada in Parranto and the Manitoba Court of Appeal in McLean.
The record
Sources
- R. v. Dinh, 2024 BCSC 109 Court decision, CanLII, January 10, 2024
[27] The Crown submits that the appropriate sentence in light of the facts found at trial, after taking into consideration the aggravating and mitigating factors and applying the principles of sentencing, is a term of imprisonment of nine years.
[36] Counsel for Ms. Dinh submits that a just, fit, and proportionate sentence is a federal term of imprisonment of between four and six years.
[1] THE COURT: On April 3, 2023, Ms. Dinh was convicted on the one count set out in the Indictment Number 177352 of unlawfully possessing a controlled substance, to wit: Fentanyl, for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].
[9] Ms. Dinh has no prior criminal record.
[44] Ms. Dinh's moral blameworthiness is not attenuated by the fact that she was a mere courier. [45] In my view, there are no exceptional circumstances justifying a departure from the range stipulated by the Supreme Court of Canada in Parranto and the Manitoba Court of Appeal in McLean.
[49] After having read and considered the case law that has been provided to me by counsel and the established principles of sentencing that I must apply, and having considered the submissions of counsel, I am imposing a sentence of imprisonment of eight years. … [52] Ms. Dinh has credit for one day served.
- R. v. Dinh, 2024 BCSC 109 Court decision, Courts of British Columbia