R. v. Sanchez, 2023 BCSC 1063

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Sanchez, 2023 BCSC 1063 Date: 20230530 Docket: 86790-6 Registry: Kelowna Rex v. Larome Angelo Sanchez also known as Larome Angelo L. Sanchez and Nalin Soreni Before: The Honourable Justice G.P. Weatherill Oral Reasons for Sentence Counsel for the Crown: F. Lépine Counsel for the Accused Sanchez and as agent for W. Jessop, counsel for the Accused Soreni, appearing via videoconference: C.B.S. Muldoon Place and Date of Trial/Hearing: Kelowna, B.C. May 30, 2022 Place and Date of Judgment: Kelowna, B.C.

May 30, 2023 [ 1 ] THE COURT: On February 16, 2022, following Mr. Sanchez making a number of admissions of fact, now marked as an exhibit on this sentencing, and following invitations by both the Crown and Mr. Sanchez's counsel, Mr. Muldoon, to convict Mr. Sanchez, I found him guilty of:

a) Count 1 – possession of cocaine for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act , S.C. 1996, c. 19 [ CDSA ]; and,

b) Count 2 – possession of fentanyl and heroin for the purpose of trafficking, contrary to s. 5(2) of the CDSA . [ 2 ] The background and details of Mr. Sanchez's arrest and the charges against him are set out in unpublished reasons indexed as R. v. Sanchez , 2021 BCSC 1955 . I do not propose to go into the details of what is set out there. [ 3 ] Mr. Sanchez is now before me for sentencing. He admits that he rented an apartment at 2214—1873 Country Club Drive in Kelowna from November 15, 2016 to March 22, 2017, along with his co-accused, Ms. Soreni, and another individual, Mr. Arjean Hassani.

That apartment was assigned parking stall number 58. [ 4 ] Mr. Sanchez also admitted the following facts:

a) that he negotiated the terms of the lease with the apartment's landlord;

b) that the Kelowna RCMP executed a search warrant in the early morning hours of March 22, 2017, when he and Ms. Soreni were in bed in the apartment's master bedroom;

c) that the police found and seized cash, scoresheets, digital scales, cocaine, heroin and fentanyl, safes, and a white powder cutting agent;

d) that the police located and seized money counters, scoresheets, a vacuum sealer, unused plastic baggies, a naloxone kit, brass knuckles, and cash in the living-room and kitchen area of the apartment;

e) that the amounts and packaging of cocaine and heroin-fentanyl present in the master bedroom, combined with the presence of cash, scales, and scoresheets, is consistent only with the possession of the cocaine and heroin-fentanyl for the purpose of trafficking;

f) that the references in the previous admissions of fact he has made to cocaine, heroin, and fentanyl are references to those drugs as defined and set out in

Schedule 1 of the CDSA ; and

g) that the police seized a total of 232.4 grams of cocaine, 156.6 grams of heroin-fentanyl, and $14,815 in cash. [ 5 ] Accordingly, I found him guilty of Counts 1 and 2 of the indictment. [ 6 ] Mr. Sanchez's background is summarized in written submissions prepared by Mr. Muldoon, which are filed as an exhibit on sentencing and I will not repeat.

[ 7 ] Briefly, he is currently aged 27, and was aged 21 at the time of these offences. He has a limited criminal background. The only related offence was on April 28, 2017, where he was convicted of two counts of possession for the purpose of trafficking. The offence date was March 5, 2015. He was sentenced to six months in jail and 12 months' probation. Since then, he has been convicted of unrelated offences, including driving offences and forcible entry. [ 8 ] Following what I infer were productive discussions to resolve the sentencing issue in this case, both Crown and Mr.

Muldoon jointly proposed that I sentence Mr. Sanchez to a five-year penitentiary sentence. So the issue for me, then, is whether the joint submission on sentence is appropriate. As counsel know, the Supreme Court of Canada stated in R. v. Anthony-Cook , 2016 SCC 43 , that the test for departing from a joint submission on sentence is whether the proposed sentence would be viewed, by reasonable and informed persons, as a breakdown in the proper functioning of the justice system. [ 9 ] In all the circumstances, based on what I have heard today, I am satisfied that a five-year jail sentence is appropriate.

It meets the primary sentencing goals of denunciation and deterrence. It is also well within the range of sentencing for offences of this nature. For reference, I note counsel has provided me with R. v. Cashman , 2022 BCSC 1836 ; R. v. Chan , 2021 BCSC 1607 ; R. v. Kazakoff , 2022 BCSC 2151 ; and R. v.

Chau , 2021 BCPC 180 . [ 10 ] In the exercise of my duty to the public and based on the information I have been provided this morning and the Crown’s urging that the sentence is fit and proper, I am satisfied, on balance, that it is not unfit or contrary to the public interest and will not bring the administration of justice into disrepute. I am, therefore, prepared to accept the joint submission on sentence. [ 11 ] So, Mr.

Sanchez, if you could please stand. [ 12 ] I am going to sentence you for a term of imprisonment of five years on both Counts 1 and 2, and those sentences will be served concurrently. [ 13 ] I am also going to order a s. 109 lifetime firearms ban and a DNA order. [ 14 ] There will be an order for forfeiture of the items seized by the RCMP, including: $14,815 in cash, digital scales, brass knuckles, and money counters. [ 15 ] And I understand that there is effectively no need to take into account the one day that Mr. Sanchez served in custody following his arrest. Mr. Lépine, agreed? [ 16 ] CNSL F.

LÉPINE: Yes, I don't think it would end up making much of a difference. [ 17 ] THE COURT: No. Agreed. Mr. Muldoon, you agree? [ 18 ] CNSL C. MULDOON: I agree, Justice. [ 19 ] THE COURT: Now, that leaves Ms. Soreni. [ 20 ] CNSL F. LÉPINE: Yes, and the Crown is directing a stay of proceedings with respect to any outstanding counts against her. [ 21 ] THE COURT: Thank you. All right. Anything further? [ 22 ] CNSL C. MULDOON: No, Justice. [ 23 ] CNSL F. LÉPINE: I don't believe so, Mr. Justice. [ 24 ] THE COURT: All right.

Thank you both for what I am confident was a productive negotiation for the resolution of this case. [ 25 ] Mr. Sanchez, I wish you well. The time you are going to be serving in custody, I hope you have learned a lesson from this. I encourage you to take advantage of all the resources and the programs that will be available to you. I hope you will use your best efforts to be a model prisoner, and that, upon your release, which will come soon enough, you become a productive and law-abiding member of society. So good luck to you. [ 26 ] Thank you. “G.P. Weatherill J.”