The operator of what police have called a "problem drug house" was sentenced Thursday to a further 15 months in jail after he was twice caught dealing cocaine and methamphetamine from the home over a 3 1/2 month span.
In all, Harjinder John Singh Berar, 48, was sentenced to 3 1/2 years, but received credit for 27 months time served prior to sentencing. Crown had been seeking five years while defence argued for what amounted to time served.
Berar had pleaded guilty to two counts of trafficking from a Nov. 6, 2012 arrest at his 1100-block Chilako Ave. home and a further two counts of trafficking as well as one count of a possession of a prohibited firearm from a Feb. 22, 2013 arrest at the same location.
Aggravating the matter in B.C. Supreme Court Justice James Williams' view was that the second arrest occurred while Berar was out of custody on a promise to appear from the first incident. Williams also noted Berar was sentenced in October 2010 to 120 days for trafficking and a year later to 15 months, also for trafficking.
The first of those sentences was the result of an August 2010 raid on the Chilako Avenue home and the second from July 2011 when Berar was found sleeping in a running vehicle in the 200 block of Cherry Ave. Cocaine and methamphetamine were found on Berar and RCMP subsequently executed a search warrant on his home where they once again found more drugs.
Proceedings on the latest two matters were slowed because Berar had been diagnosed with cancer. Defence counsel contended Berar had been self-medicating with cocaine to deal with the pain and was dealing to cover his costs but Williams said sympathy can go only so far and called the offences serious and deserving of serious consequences.
Williams also had sharp words for the firearms offence. A .22-caliber handgun loaded with a 10-round magazine - twice the legal limit in Canada - was found hidden behind a panel during the second arrest and Williams noted Berar was under a 10-year firearms prohibition at the time.
"The drug subculture is essentially a criminal environment," Williams said. "It's populated with desperate and reckless persons and their conduct reflects that desperation. To introduce firearms into that type of situation substantially increases the danger potential quotient for all concerned."
Williams recounted Berar's history of trouble with addiction. He became hooked on opiates beginning in 1999 after suffering an injury to his back that evolved into a degenerative bone disease.
By 2003 , Berar had weaned himself off the substance but by 2005, he relapsed and has never kicked his addiction to drugs since. When given a chance to speak to the court, Berar said he has stopped using street drugs since his February 2013 arrest but Williams concluded that was largely a function of being in custody and under medical treatment and not because he has his addictions under control.
He described Berar as a mid- to low-level trafficker who dealt in ounces and who has been "mostly down and out" since 2007. About $3,600 worth of cocaine and methamphetamine were seized during the second arrest.
Broken down, Williams sentenced Berar to concurrent terms of 18 months for the two counts of trafficking from the November 2012 arrest and a further 24 months for the one count of trafficking and possession of a prohibited firearm from the February 2013 arrest.
Berar continues to face one count of trafficking from an October 2015 incident. That matter is scheduled to go to trial next month.
"Mr. Berar, I hope things get better for you," Williams said after issuing his decision. "I can tell you one thing, the last place you want to be is coming back to the courthouse."
