R. v. Fargo (A.M.C.), (2015) 372 B.C.A.C. 47 (CA)

• Judge: Bauman, C.J.B.C., Chiasson and Willcock, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: May 04, 2015
• Jurisdiction: British Columbia
• Citations: (2015), 372 B.C.A.C. 47 (CA);2015 BCCA 187

R. v. Fargo (A.M.C.) (2015), 372 B.C.A.C. 47 (CA);

    640 W.A.C. 47

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. MY.019

Regina (respondent) v. Aaron Michael Clinton Fargo (appellant)

(CA042164; 2015 BCCA 187)

Indexed As: R. v. Fargo (A.M.C.)

British Columbia Court of Appeal

Bauman, C.J.B.C., Chiasson and Willcock, JJ.A.

May 4, 2015.

Summary:

The accused pleaded guilty to trafficking in cocaine. He was observed engaging in five transactions consistent with trafficking. Upon arrest, he was in possession of three grams of cocaine, cash and a cell phone. He admitted selling cocaine because he was poor, unemployed and that the sales proceeds were solely to support his own addiction. The accused had no criminal record, his pre-sentence report was mostly positive and he had "changed his ways". The Crown sought six months' imprisonment. The accused sought a suspended sentence plus probation.

The British Columbia Provincial Court held that he was bound by Court of Appeal precedent to sentence the accused to six months' imprisonment absent unusual circumstances. The accused appealed his six month sentence.

The British Columbia Court of Appeal dismissed the appeal. The sentencing judge erred in finding that a sentence other than imprisonment was foreclosed. The Crown conceded that a suspended sentence was not foreclosed if reasonable in the circumstances as there was no minimum sentence for trafficking. However, the error did not result in a demonstrably unfit sentence. The sentence was appropriately within the range of sentences for similar offences and similar offenders.

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - See paragraphs 1 to 19.

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - See paragraphs 1 to 19.

Cases Noticed:

R. v. Adiwal (M.S.) (2014), 361 B.C.A.C. 279; 619 W.A.C. 279; 2014 BCCA 379, refd to. [para. 12].

R. v. Datt (R.) (2014), 364 B.C.A.C. 159; 625 W.A.C. 159; 2014 BCCA 484, refd to. [para. 13].

R. v. Schinkel (T.L.) (2015), 365 B.C.A.C. 269; 627 W.A.C. 269; 2015 YKCA 2, refd to. [para. 13].

R. v. DeFelice (P.) (2010), 287 B.C.A.C. 224; 485 W.A.C. 224; 2010 BCCA 273, refd to. [para. 14].

R. v. Wells (J.W.) (2000), 250 N.R. 364; 250 A.R. 273; 213 W.A.C. 273; 2000 SCC 10, refd to. [para. 16].

R. v. Cisneros (P.A.) (2014), 354 B.C.A.C. 82; 605 W.A.C. 82; 2014 BCCA 154, dist. [para. 17].

R. v. Tran (L.V.) (2007), 250 B.C.A.C. 38; 416 W.A.C. 38; 2007 BCCA 613, refd to. [para. 17].

R. v. Le (H.N.) (2002), 163 B.C.A.C. 263; 267 W.A.C. 263; 2002 BCCA 98, refd to. [para. 17].

R. v. To (J.) (1998), 109 B.C.A.C. 242; 177 W.A.C. 242 (C.A.), refd to. [para. 17].

R. v. Ahmed (S.) (2001), 159 B.C.A.C. 136; 259 W.A.C. 136; 2001 BCCA 504, refd to. [para. 17].

R. v. Franklin (J.D.), [2001] B.C.T.C. 706; 2001 BCSC 706, refd to. [para. 17].

R. v. Nguyen (B.H.) (2003), 192 B.C.A.C. 191; 315 W.A.C. 191; 2003 BCCA 686, refd to. [para. 17].

R. v. Chang (D.T.W.) (2002), 179 B.C.A.C. 72; 295 W.A.C. 72; 2002 BCCA 644, refd to. [para. 17].

R. v. Barrick (M.M.) (2012), 316 B.C.A.C. 232; 537 W.A.C. 232; 2012 BCCA 83, refd to. [para. 18].

Counsel:

A.W. Alteen, for the appellant;

R.A. Prior, for the respondent.

This appeal was heard on April 14, 2015, at Vancouver, B.C., before Bauman, C.J.B.C., Chiasson and Willcock, JJ.A., of the British Columbia Court of Appeal.

On May 4, 2015, Willcock, J.A., delivered the following judgment for the Court.