A man from BC who sold fentanyl for $ 15, which he claims is methamphetamine, to an undercover police officer, was sentenced to two years in federal prison.
Milad Foud Herbert was convicted in New Westminster last month and the brief was released online Thursday.
“Fentanyl has been described as the scourge of our civilization,” said Supreme Court Justice Kenneth W. Ball.
“Obviously Mr. Herbert didn’t know what he was selling. This is because it presents the substance it sells as methamphetamine. If anyone had used it as methamphetamine, he would probably be dead today, given that ingesting very little fentanyl can be fatal. “
Court records show that Herbert was found guilty of one charge of trafficking fentanyl after a two-day trial in March 2022. The charge dates back to an undercover operation near a transit station in February 2020.
One of the witnesses is the undercover officer who bought the drugs from Herbert. The identity of the employee is protected by a ban on publication.
“The area around Surrey SkyTrain has been described as an area where there is frequent trafficking in illicit drugs and this is common; therefore the operation to ban drugs, “said the judge who convicted Herbert.
The police officer asked Herbert if he could buy a crack worth $ 20, and Herbert said all he could offer was methamphetamine, court documents said.
“Employee 1 offered $ 15 because the lid did not appear to contain the required amount of drugs. He felt that the small sum cost $ 15. The man accepted $ 15 in cash for the lid, “the judge wrote.
Based on the testimony of five police officers, the judge found that there was no reasonable doubt that Herbert was the man who “delivered” the drugs during the sting. The judge also found that the substance was fentanyl, based on test results from Health Canada.
The sentence of two years plus one day, the minimum amount needed to send someone to federal prison, was proposed in a joint presentation by Crown and the defense.
In his reasons for accepting the proposed sentence, Ball said that “there is an increased level of rehabilitation services in the federal system; available to convicted persons. ” He noted that Herbert had already completed some drug and alcohol programs at the provincial prison and had met with a psychiatrist. The decision did not specify Herbert’s personal circumstances, including whether or not he had a previous criminal record.
“We hope that with these principles, the rehabilitation process during the forthcoming sentence will be positive,” Ball told the court.
“Mr. Herbert doesn’t need to be here again. There are all sorts of positive things he can do with his life, and I hope he will do them.”
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