Importing or exporting a Schedule I or II substance

R. v. Sangha

Sentence and the Crown's position

Crown asked10 years in custody1
Judge imposed5 and a half years imprisonment1
4 years and 6 months less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked10 years in custody
Judge imposed67 months in custody
Defence asked2 years less a day conditional sentence
For importing or exporting a Schedule I or II substance (CDSA 6(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.

Sukhvinder Kaur Sangha pleaded guilty to importing 108 kilograms of methamphetamine across the border at Surrey in October 2021. The Crown sought 10 to 12 years; the defence sought a conditional sentence of two years less a day followed by probation, arguing she acted under near-duress, which the judge rejected as not credible. Justice Gibb-Carsley imposed five and a half years of imprisonment, slightly below the usual range, citing her less significant role in the drug trafficking organization and the hardship incarceration would cause her family.

In the judge's words

In this matter, I find that Ms. Sangha's personal circumstances warrant a sentence that falls slightly below the low end of the range. I base this primarily on what I perceive as her less significant role in the drug trafficking organization and the personal hardship that her incarceration will have on her immediate family and her own future.

1

The record

Prior convictions
1 prior conviction1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: D. Meneley, D. Cui
Defence: K. Westell

Sources

  1. R. v. Sangha, 2026 BCSC 655 Court decision, CanLII, April 10, 2026[7] The Crown contends that while there are mitigating factors, the Court should not accept Ms. Sangha's version of events because her narrative is not credible and her testimony should not be accepted as truthful. The Crown contends that an appropriate sentence is between 10 and 12 years.[24] The defence asserts that given the circumstances of this case an appropriate sentence is two years less a day, to be imposed as a CSO followed by probation.[1] On October 18, 2021, the offender, Sukhvinder Kaur Sangha, crossed into Canada from the United States by car at a land border in Surrey, British Columbia.[16] Ms. Sangha has one previous conviction from 2002 when she was 23 years old for theft under $5,000.[96] … In this matter, I find that Ms. Sangha's personal circumstances warrant a sentence that falls slightly below the low end of the range. I base this primarily on what I perceive as her less significant role in the drug trafficking organization and the personal hardship that her incarceration will have on her immediate family and her own future.[92] Given the foregoing, I am satisfied that an appropriate sentence for Ms. Sangha is five and a half years. Ms. Sanga has no time in pre-trial detention that offsets her custodial sentence. … [94] I impose a sentence of incarceration upon you of five and a half years.
  2. Controlled Drugs and Substances Act, s. 6 Record, Justice Laws Website
  3. R. v. Sangha, 2026 BCSC 655 Court decision, Courts of British Columbia

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