Conspiracy to commit an indictable offence
R. v. Kang
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
Jannat Bibi Nadeem pleaded guilty to conspiring to traffic fentanyl, heroin, methamphetamine and/or cocaine as a courier in a drug operation between 2019 and 2020, when she was 18 and 19. The Crown sought six years' incarceration; the defence sought a conditional sentence of two years less a day followed by three years' probation. Justice Wedge imposed a conditional sentence of two years less one day and three years of probation, citing her youth, lack of a record, rehabilitation since her arrest, and parity with the conditional sentence given to her mother.
In the judge's words
1Further, any increase in Ms. Nadeem's moral culpability in the assessment of parity is offset by her compelling mitigating factors and significant rehabilitative steps which were not present in Ms. Khan's case. To incarcerate Ms. Nadeem for a lengthy federal sentence would be a very disparate sentence when compared to that received by Ms. Khan, who encouraged her 18‑year‑old daughter to engage in the criminal activity.
The record
- Convicted of
- Conspiracy to commit an indictable offence (CC 465(1)(c))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: I. Sattarzadeh
Defence: W. Jessop
Sources
- R. v. Kang, 2024 BCSC 2507 Court decision, CanLII, November 22, 2024
[4] The Crown seeks a sentence of six years' incarceration.
[4] The Crown seeks a sentence of six years' incarceration. The defence seeks a sentence of two years less a day, a conditional sentence order, followed by three years' probation.
[1] THE COURT: Jannat Nadeem is before the court for sentencing having pled to one count of unlawfully conspiring to traffic in fentanyl, heroin, methamphetamine, and/or cocaine with Amandeep Kang between October 1, 2019 and March 13, 2020, contrary to s. 5(1) of the Controlled Drugs and Substances Act, thereby committing an offence contrary to s. 465(1)(c) of the Criminal Code.
[42] I turn then to the mitigating factors and they are as follows: … 2) she is a first‑time offender;
[78] Further, any increase in Ms. Nadeem's moral culpability in the assessment of parity is offset by her compelling mitigating factors and significant rehabilitative steps which were not present in Ms. Khan's case. To incarcerate Ms. Nadeem for a lengthy federal sentence would be a very disparate sentence when compared to that received by Ms. Khan, who encouraged her 18‑year‑old daughter to engage in the criminal activity.
[80] Ms. Nadeem, please stand. I sentence you to two years less one day in the form of a conditional sentence order and a three‑year term of probation.
- R. v. Kang, 2024 BCSC 2507 Court decision, Courts of British Columbia