Convicted Surrey drug dealer whose sister was murdered loses court appeal for leniency
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.
“Mr. Garie reports he was recruited to sell cocaine and oxycodone by an older relative, and did so for six to eight months,” Stromberg-Stein noted. “He 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‑level trafficker.”
“The judge made no error in concluding that, in Mr. Garie’s 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,” the higher-court judge decided. “The nine‑month prison sentence, followed by six months’ probation, in Mr. Garie’s case, is far from being demonstrably unfit. If anything can be said, it is very lenient.
“While 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‑custodial sentence in a case such as this,” she decided. “Such 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.
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