Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Pandher
Sentence and the Crown's position
What the law allows
Mandeep Pandher pleaded guilty on the eve of trial to three counts of possession of cocaine, fentanyl and para-fluorofentanyl for the purpose of trafficking, after police arrested him in Kelowna in 2022 with 92 prepackaged pieces of drugs from a dial-a-dope operation. The Crown sought 36 months' incarceration and the defence a two-year conditional sentence order. Justice Weatherill imposed a global sentence of 30 months, finding a conditional sentence unfit for fentanyl trafficking but recognizing his lack of a record and guilty pleas.
In the judge's words
1Conducting the assessment in accordance with these directions, and given that, Mr. Pandher, you were caught preparing to traffic in fentanyl, I conclude that significant weight should be placed on denunciation and general deterrence, and that a conditional sentence would be neither fit nor appropriate. In your case, I am not persuaded that the interests and protection of the public can be met with a non‑custodial sentence.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 3 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: M.J. Chiu
Defence: N. Acker
Sources
- R. v. Pandher, 2025 BCSC 881 Court decision, CanLII, April 22, 2025
[21] The Crown seeks a global sentence of 36 months' incarceration.
[24] On Mr. Pandher's behalf, Mr. Acker submits that a two‑year conditional sentence order, to be followed by a period of probation, would be the appropriate sentence on the basis that he is a worthy CSO candidate.
[2] Mr. Mandeep Pandher is before me for sentencing, having today pled guilty to possession of cocaine, fentanyl, and para‑Fluorofentanyl, also known as Etizolam, for the purpose of trafficking.
[35] The mitigating factors are, although very late in the day, essentially the last business day before trial, Mr. Pandher indicated he was going to plead guilty to Counts 1, 2, and 3, thus avoiding the cost and expense of a nine‑day trial, and secondly, Mr. Pandher has no criminal record.
[44] Conducting the assessment in accordance with these directions, and given that, Mr. Pandher, you were caught preparing to traffic in fentanyl, I conclude that significant weight should be placed on denunciation and general deterrence, and that a conditional sentence would be neither fit nor appropriate. In your case, I am not persuaded that the interests and protection of the public can be met with a non‑custodial sentence.
[57] Taking everything into account, I consider that a fit and proper global sentence on all three counts is 30 months' incarceration to be served concurrently.
- Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
- R. v. Pandher, 2025 BCSC 881 Court decision, Courts of British Columbia