R. v. Uy

R. v. Uy

The accused was a sophisticated, planned courier who imported approximately two one‑kilogram bricks of cocaine; deportation and parole eligibility consequences are not relevant to determining a fit sentence; weighing aggravating factors (planned importation, quantity, timing on Christmas Day, concerted enterprise) and limited mitigation (previous good character, military service, family support) a five‑year custodial sentence concurrent on both counts is fit, with 675 days' pre‑sentence credit (450 days at 1.5), and ancillary orders for DNA sampling, forfeiture and statutory firearms prohibitions are appropriate.

Citation
2016 BCSC 823
Parties
Crown: Regina; Accused: Johnny Joshua Uy
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 March 2016
Procedural Posture
Criminal Drug Importation/trafficking (controlled Drugs and Substances Act) / Sentencing (oral Reasons)
Outcome
Accused convicted and sentenced to five years' imprisonment on Count 1 and five years concurrent on Count 2; pre‑sentence credit of 675 days applied (450 days at 1.5); ancillary orders made.
Legal Topics
Sentencing, Importation of Cocaine, Possession for the Purpose of Trafficking, Credit for Pre‑sentence Custody, Parole Eligibility and Deportation, Ancillary Orders (dna, Forfeiture, Firearms Prohibition)
Source Language
English
Criminal Law Controlled Drugs and Substances Act Immigration Law Sentencing Law Sentencing Importation of Cocaine Possession for the Purpose of Trafficking Credit for Pre‑sentence Custody +2 more

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Parties

Regina

Crown

Johnny Joshua Uy

Accused

Procedural Posture

Criminal Drug Importation/trafficking (controlled Drugs and Substances Act) / Sentencing (oral Reasons)

Legal Issues

  1. 1 What is the appropriate sentence for a first‑offender courier who imported multi‑kilograms of cocaine?
  2. 2 Whether the accused's pending deportation/parole eligibility should be considered in fixing sentence
  3. 3 Appropriate weight to give to quantity of drugs where weight includes packaging

Ratio Decidendi

The accused was a sophisticated, planned courier who imported approximately two one‑kilogram bricks of cocaine; deportation and parole eligibility consequences are not relevant to determining a fit sentence; weighing aggravating factors (planned importation, quantity, timing on Christmas Day, concerted enterprise) and limited mitigation (previous good character, military service, family support) a five‑year custodial sentence concurrent on both counts is fit, with 675 days' pre‑sentence credit (450 days at 1.5), and ancillary orders for DNA sampling, forfeiture and statutory firearms prohibitions are appropriate.

Court Disposition

Accused convicted and sentenced to five years' imprisonment on Count 1 and five years concurrent on Count 2; pre‑sentence credit of 675 days applied (450 days at 1.5); ancillary orders made.

Orders

  • Sentence of five years imprisonment on Count 1 (importation of cocaine)
  • Sentence of five years imprisonment on Count 2 (possession for purpose of trafficking) to be served concurrently