Supreme Court Justice Murray Blok has given Jagtar Singh Dehal, 49, of Surrey three years' jail time for his part in a drug operation.
Dehal was convicted of possessing ketamine for the purpose of trafficking on June 24, 2015.
Blok said in his reasons for judgment: "Although Mr. Dehal has not accepted his criminal behaviour in this case, which typically would be the first step towards rehabilitation, I conclude he is not likely to reoffend. Nonetheless ... the large quantity of Schedule I drugs at issue here, together with the degree of Mr. Dehal's involvement in the drug operation, calls for a penitentiary sentence. But for the likely adverse immigration consequences to Mr. Dehal, I might have been inclined to impose a sentence closer to the range urged by the Crown. As it is, I conclude that a fit and proper sentence is three years' imprisonment."
The Crown had suggested jail for a period of five years.
Defense had argued that imposing a custodial sentence in excess of six months would result in "Dehal being deported from Canada, his home for 30 years, and separated from his family, which counsel submits is a consequence that is out of proportion to his offence."
Dehal is now subject to deportation proceedings without the right of appeal.
The judge also noted: "Dehal presently does not live with his wife and adult daughter due to a recent conviction for domestic violence, the sentence for which prohibits contact. He resides with his sister-in-law and sometimes resides with his parents. Mr. Dehal's wife and daughter were, however, present during the sentencing hearing, as was his father and a friend, and the Court was told they are supportive of him."
He also pointed out: "Mr. Dehal has a criminal record that is unrelated to drugs. He has two alcohol-related driving convictions, three convictions for theft, three convictions for assault, one conviction each for mischief and uttering threats, and two convictions for breach-type offences. His prior sentences have involved fines, periods of probation, six in all, a three-month conditional sentence order and one day in jail."
Dehal is prohibited from possessing firearms for 10 years and will have to provide a sample suitable for DNA testing.
According to the court ruling, on May 25, 2012, officers of the Canada Border Services Agency ("CBSA") intercepted some air cargo at Vancouver International Airport that had arrived on a commercial flight originating in India. The cargo in question was a wooden crate containing a roller conveyor unit.
CBSA officers disassembled the roller conveyor unit at their airport facility and discovered, inside each of the unit's nine rollers, approximately two and a half kilograms of ketamine contained within long plastic bags. The total amount of ketamine was 23.15 kilograms.
The case was turned over to the RCMP for further investigation. The RCMP arranged a controlled delivery with respect to the shipment. They did so by removing most of the contents of the ketamine bags and replacing them with a placebo substance. A tracking device and silent alarm were installed in one of the rollers. The roller conveyor unit was then reassembled, returned to its crate and the crate returned to the carrier for release to the consignee. The RCMP then carried out 24-hour surveillance on the shipment from the time it was returned to the carrier.
The shipment was picked up on May 31, 2012. and transported to three different locations between May 31 and June 2, 2012. The latter location was an address on East 36th Avenue in Vancouver. Dehal attended at that location, driving a car registered in his wife's name, shortly before midnight on June 2‑3, 2012.
Shortly before midnight on June 2-3, Dehal attended at a back alley behind East 36th Avenue and dismantled the roller conveyor unit, taking only those parts (the rollers) that contained the drug bags. He transported the rollers to a workshop behind his home in Surrey, and as he approached his neighbourhood he carried out a number of unusual maneuvers, the only purpose for which was to counter any surveillance taking place, the judge concluded.
On Dehal's arrival at his house he parked his car in such a way that the trunk of the car was as close as possible to the door of the workshop.
The manner in which he carried out the operations in his workshop, the judge concluded that it was "inconsistent with Mr. Dehal's assertion that he was shocked and surprised and thinking his friend had defrauded him, and is more consistent with an unhurried, methodical dismantling of the rollers by someone unsurprised by their contents."
The judge also did not accept that "a drug trafficker or traffickers would entrust a highly valuable drug shipment to an unwitting person, whether to avail themselves of his handyman skills or otherwise, because the risk to the drug shipment, and to one of the traffickers in particular, would be too great. The situation compels the conclusion that Mr. Dehal was a knowing participant."
Expert evidence given by Sergeant Scott Rintoul established that the quantity of ketamine that was intercepted had a value of $115,000 (using the lower end of the estimated price range) if sold by the kilogram, $404,500 if sold by the ounce, and $1.15 million if sold in single doses of 100 milligrams each.
Full judgment at:
http://www.courts.gov.bc.ca/jdb-txt/sc/16/04/2016BCSC0479cor1.htm
Short URL: http://www.voiceonline.com/?p=54546
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