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

R. v. Saed

Sentence and the Crown's position

Crown asked12 years in custody1
Judge imposed9 years in custody on each count, concurrent1
3 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked12 years in custody
Judge imposed9 years in custody
Defence asked7 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.

Hemen Saed pleaded guilty to conspiracy to traffic and trafficking in drugs including fentanyl, as a senior member of a Lower Mainland drug trafficking organization in 2020 and 2021. The Crown sought 12 years in custody and the defence seven years. Justice Crossin imposed nine years on each count, concurrent, finding the defence position out of step with sentencing principles while giving significant weight to his youth, lack of a record and guilty plea.

In the judge's words

In my view, and with the greatest respect, the sentences sought by the accused are not in accord with the principles of sentencing that must be brought to bear in determining a fit sentence in this case. That is not to say I do not appreciate the mitigating factors and the significant weight they deserve. I do. The accused are youthful first offenders, unlike many the offenders in these cases.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
7 years in custody1
Appeal
Not yet checked
Counsel
Crown: A. Rice, A. Hathorn, C. Sauder, S. Paulson
Defence: D. Ferguson, C. Paquette

Sources

  1. R. v. Saed, 2025 BCSC 485 Court decision, CanLII, February 18, 2025[28] In this context, the Crown in their carefully crafted submission, seeks a sentence of 12 years incarceration for Hemen Saed; and eight years incarceration for Diego Saed.[29] Counsel on behalf of Hemen Saed and Mr. Diego Saed, in their very able submissions, seek sentences of seven years and four years, respectively.[1] THE COURT: The offenders, Mr. Hemen Saed and Mr. Diego Saed are before the court for sentencing having pled guilty to offences relating to their drug trafficking operation in the Lower Mainland of British Columbia.[89] Both are youthful offenders and without criminal records prior to these events.[89] Both are youthful offenders and without criminal records prior to these events. … In my view, and with the greatest respect, the sentences sought by the accused are not in accord with the principles of sentencing that must be brought to bear in determining a fit sentence in this case. That is not to say I do not appreciate the mitigating factors and the significant weight they deserve. I do. The accused are youthful first offenders, unlike many the offenders in these cases.[92] Mr. Hemen Saed, for each offence I impose a sentence of nine years incarceration to be served concurrently.
  2. R. v. Saed, 2025 BCSC 485 Court decision, Courts of British Columbia

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