A man sentenced to nine months in jail and six months probation for selling cocaine and oxycodone to undercover Surrey Mounties on four occasions in a dial-a-dope drug trafficking operation has been denied a lesser sentence he sought on appeal to take care of his mother after his sister was murdered.

Tenzin Jamyang Garie, 26, pleaded guilty to drug trafficking and possession, aiming for 18 months of house arrest but a Surrey provincial court judge gave him the jail sentence instead. On appeal, in the Court of Appeal for British Columbia in Vancouver, Garie sought a suspended sentence or a 90-day intermittent sentence, given a 害羞草研究所渃hange in his personal circumstances害羞草研究所� arising from the murder of his sister last month and that his mother will suffer hardship if he害羞草研究所檚 jailed.

The court heard Garie害羞草研究所檚 sister was the victim of a double homicide in Burnaby.

Garie was sentenced Nov. 16, 2021, filed his notice of appeal five days later, was granted leave to appeal and was then released on bail on Nov. 30 last year. He sought to serve his sentence in the community because, since his sister害羞草研究所檚 death, he and his brother have 害羞草研究所渁ssumed responsibility for providing care and financial assistance to their mother who has taken a leave from her employment,害羞草研究所� Justice Sunni Stromberg-Stein noted in her Nov. 10 .

She also noted that once Bill C害羞草研究所�5 introduced by the Trudeau government is proclaimed a conditional sentence order (CSO) would become 害羞草研究所渁n available sentencing option害羞草研究所� for his offences but the bill is presently in its third reading in the Senate and a CSO is not available to him now.

害羞草研究所淢r. Garie reports he was recruited to sell cocaine and oxycodone by an older relative, and did so for six to eight months,害羞草研究所� Stromberg-Stein noted. 害羞草研究所淗e never used the drugs he was selling. He earned approximately $1,000 a week selling drugs, and he saw it as an easy way to make money. The Crown described Mr. Garie as a low害羞草研究所憀evel trafficker.害羞草研究所�

Stromberg-Stein also noted in her reasons that the sentencing judge described Surrey and the Lower Mainland 害羞草研究所渁s 害羞草研究所榦verrun害羞草研究所� with the type of drugs Mr. Garie was trafficking, and observed that dial害羞草研究所慳害羞草研究所慸ope operations make it easy to distribute these drugs in residential areas, and to people who are addicted.害羞草研究所�

害羞草研究所淭he judge made no error in concluding that, in Mr. Garie害羞草研究所檚 case, a CSO was inconsistent with the fundamental purpose and principles of sentencing, having regard to the gravity of the offences and the high moral blameworthiness of Mr. Garie,害羞草研究所� the higher-court judge decided. 害羞草研究所淭he nine害羞草研究所憁onth prison sentence, followed by six months害羞草研究所� probation, in Mr. Garie害羞草研究所檚 case, is far from being demonstrably unfit. If anything can be said, it is very lenient.害羞草研究所�

Stromberg-Stein also found 害羞草研究所減otential hardship on Garie害羞草研究所檚 mother has no bearing on the outcome of this appeal, which is to determine whether the judge erred in principle or imposed a demonstrably unfit sentence having regard to the gravity of the offences and Mr. Garie害羞草研究所檚 moral culpability.

害羞草研究所淲hile the situation is tragic, it does not give rise to the sort of exceptional personal circumstance that would justify going outside the identified generally applicable range of sentence to craft a non害羞草研究所慶ustodial sentence in a case such as this,害羞草研究所� she decided. 害羞草研究所淪uch evidence cannot be used to reduce an otherwise fit sentence to a point where it is no longer fit and proportionate to the gravity of the offence and the moral culpability of the offender.害羞草研究所�

The appeal court judge determined that the Surrey provincial court judge was not in error, and that a CSO, suspended sentence or a 90害羞草研究所慸ay intermittent sentence 害羞草研究所渋s not a fit sentence.

害羞草研究所淭he sentence imposed was fit. It was proportionate to the gravity of the offences and the moral culpability of Mr. Garie,害羞草研究所� she concluded. 害羞草研究所淚 would dismiss the appeal.

Justice Christopher Grauer and Justice Ronald Skolrood agreed.

tom.zytaruk@surreynowleader.com
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