May 8, 2018

Summary of R. v Khan

R. v Khan, 2018 SKPC 11 (CanLII)
Controlled Drugs and Substances Act – Possession for Trafficking – Sentencing
The accused was found guilty after trial of possession of cocaine for the purposes of trafficking, possession of methamphetamine for the purposes of trafficking, and possession of proceeds exceeding $5000. While in Saskatoon over a period of three to four months, the accused rented several vehicles, signed a one-year lease on a residence only 1.5 months before returning to B.C. and left the residence and a rented vehicle behind for use by others involved in a commercial dial-a-dope operation. Two of those individuals plead guilty to charges related to the operation.
HELD: The court sentenced the accused to a global sentence of 42 months’ incarceration, less remand credit. The offences of trafficking in cocaine and methamphetamine are grave and their consequences on the community are severe and tragic. The commercial operation was relatively sophisticated, involving numerous people with various levels of participation and more than one location of operation. The accused’s degree of participation was high, as he rented the residence and vehicle, thereby providing a place to store drugs and cash and move the drugs around. He was integral to the operation. His record included three drug-related convictions in the three preceding years. Denunciation and deterrence were the primary sentencing objectives.