R. v. Gill Date:, 2013 BCPC 47

Citation: R. v. Gill Date: 20130215 2013 BCPC 0047 File No: 187547-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. HARMINDER SINGH GILL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. R. GARDNER Counsel for the Crown: P. Miller Counsel for the Defendant: R. Dhanu Place of Hearing: Surrey , B.C. Date of Hearing: February 15, 2013 Date of Judgment: February 15, 2013

[ 1 ] THE COURT : The accused is now 30 years of age. He has pled guilty to selling .8 grams of cocaine during a dial-a-dope scenario. He sold it to a stranger in response to a telephone call. [ 2 ] The defence has asked the court to consider a conditional sentence; the Crown's position is six months incarceration. The Crown has argued that incarceration is the norm for this type of offence. [ 3 ] Mr. Gill does not have a lengthy criminal record.

He has only one previous conviction but it is significant for our purposes; he has one previous conviction for trafficking in cocaine for which he did receive a -- excuse me, possession for the purpose of trafficking. It does not state the substance. But in any event, for which he received a nine-month conditional sentence. [ 4 ] I suppose it could be argued that he completed that sentence successfully, but the other way of looking at it, maybe it was not all that successful because it did not deter him from this type of conduct.

We are dealing today with somebody who is a two-time offender for a trafficking-related offence. [ 5 ] I agree with the Crown that jail is the norm for this type of offence. The Crown has asked the court to impose a sentence which is, in my view, on the very low end of a jail sentence for this type of activity. [ 6 ] It has been argued that it is a very positive pre-sentence report. I am not going to say it is overly negative, but I note the accused has a sporadic work record, and he has no dependents.

If he was supporting a family I may have approached this in a somewhat different way, but I do not know what the court has to do to deter people like Mr. Gill and others who are of a like mind from doing this type of activity.

But given that the previous sentence did not deter him from this type of conduct, I am going to order that he serve six months incarceration. [ 7 ] I am also going to make an order that he provide a sample of his DNA. [ 8 ] There will be a lifetime ban on firearms and ammunition. [ 9 ] The exhibits seized in this investigation will be forfeited to the Crown. [ 10 ] The jail sentence is going to be followed by 12 months probation. The conditions are you are to keep the peace and be of good behaviour. You are to report to a probation officer forthwith upon your release and thereafter as and when directed.

You are to provide a residential address to your probation officer and not change that address without the prior written approval of your probation officer. [ 11 ] You shall attend for, participate in and successfully complete such counselling as directed by your probation officer. [ 12 ] I will waive the victim fine surcharge. (REASONS FOR SENTENCE CONCLUDED)