Trafficking in a Schedule I or II substance

R. v. Dhami

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years' jail1

What the law allows

MaximumLife imprisonment
Crown asked3 years in custody
Judge imposed3 years in custody
Defence asked3 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.

Gary Dhami pleaded guilty to trafficking cocaine and methamphetamine in 2022, selling about one kilogram of methamphetamine and 755 grams of cocaine to an undercover officer in Kelowna. The Crown and defence jointly proposed three years in jail. Justice Walker accepted the joint submission and imposed three years, noting his 11 prior convictions, including two for drug trafficking, and his guilty plea.

In the judge's words

I have no hesitation in acceding to the joint submission proposed by counsel. I agree that a three‑year sentence adequately balances the relevant sentencing objectives and principles, it reflects the seriousness of the offending, and accounts for the aggravating factors in this case, including Mr. Dhami's moral blameworthiness, his prior convictions, and it also reflects a careful balancing of the mitigating factors including his guilty plea.

1

The record

Prior convictions
11 prior convictions1
At the time of the offence
Not stated1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: T.J. Lattimer
Defence: M.J. Swartz

Sources

  1. R. v. Dhami, 2026 BCSC 361 Court decision, CanLII, January 15, 2026The parties jointly propose a sentence of three years jail, along with several ancillary orders.The parties jointly propose a sentence of three years jail, along with several ancillary orders.[1] THE COURT: On December 18, 2024, Mr. Gary Dhami pleaded guilty to an amended Count 3 on the indictment, charges of trafficking cocaine and methamphetamine between February 4, 2022 and April 6, 2022.[12] Mr. Dhami has a criminal record, a total of 11 convictions between 2010 and 2020.[30] I have no hesitation in acceding to the joint submission proposed by counsel. I agree that a three‑year sentence adequately balances the relevant sentencing objectives and principles, it reflects the seriousness of the offending, and accounts for the aggravating factors in this case, including Mr. Dhami's moral blameworthiness, his prior convictions, and it also reflects a careful balancing of the mitigating factors including his guilty plea.[38] For the offence of trafficking in cocaine and methamphetamine, I sentence you to three years in jail.
  2. Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
  3. R. v. Dhami, 2026 BCSC 361 Court decision, Courts of British Columbia

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