Trafficking in a Schedule I or II substance, Conspiracy to commit an indictable offence

R. v. Kang

Sentence and the Crown's position

Crown asked11 years in custody1
Judge imposed11 years in the penitentiary (nine years and two years consecutive)1

What the law allows

MaximumLife imprisonment
Crown asked11 years in custody
Judge imposed11 years in custody
Defence asked11 years in custody
For trafficking in a Schedule I or II substance (CDSA 5(1)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

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

Clearly the key considerations in sentencing an offender for organized criminal activity at this level are denunciation and deterrence.

1

The record

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

  1. 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.
  2. R. v. Kang, 2024 BCSC 656 Court decision, Courts of British Columbia

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