Trafficking in a Schedule I or II substance, Conspiracy to commit an indictable offence
R. v. Kang
Sentence and the Crown's position
What the law allows
Amandeep Singh Kang pleaded guilty to trafficking in controlled substances for the benefit of a criminal organization and to conspiracy to traffic, as a leading member of a group that distributed fentanyl, heroin, methamphetamine and cocaine through couriers and dial-a-dope lines on Vancouver Island. Crown and defence jointly proposed 11 years in total. Justice Riley accepted the joint submission and imposed 11 years in the penitentiary, saying denunciation and deterrence were the key considerations and that the sentence was probably at the low end of the acceptable range.
In the judge's words
1Clearly the key considerations in sentencing an offender for organized criminal activity at this level are denunciation and deterrence.
The record
- Convicted of
- Trafficking in a Schedule I or II substance (CDSA 5(1))
- Conspiracy to commit an indictable offence (CC 465(1)(c))
- Prior convictions
- 1 prior conviction1
- At the time of the offence
- Not stated1
- Defence asked for
- 11 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: T.C. Johnson, I. Sattarzadeh
Defence: V.M. Williams
Sources
- R. v. Kang, 2024 BCSC 656 Court decision, CanLII, April 5, 2024
[2] This is a case where the Crown and the defence are advancing a joint recommendation as to sentence, … [3] … because of the length of the proposed sentence, 11 years in total, which is a long time for anyone to spend in jail,
[2] This is a case where the Crown and the defence are advancing a joint recommendation as to sentence, … [3] … because of the length of the proposed sentence, 11 years in total, which is a long time for anyone to spend in jail,
[4] Mr. Kang has entered guilty pleas to two offences: (i) trafficking in controlled substances for the benefit of a criminal organization and (ii) conspiracy to traffic in controlled substances.
[10] … He is not a first offender. He has a criminal record with a prior drug conviction. That conviction was entered in 2015 and resulted in a provincial jail sentence.
[11] Clearly the key considerations in sentencing an offender for organized criminal activity at this level are denunciation and deterrence.
[15] With that, Mr. Kang, can you please stand. I sentence you to serve a sentence of 11 years in the penitentiary, and that is specifically nine years on Count 3 and two years consecutive on Count 1.
- R. v. Kang, 2024 BCSC 656 Court decision, Courts of British Columbia