A man who helped run a “sophisticated and high-volume dial-a-dope operation” out of a Richmond luxury condo lost his bid to overturn a 10-year jail sentence.
Billie Onare Kim of Burnaby was sentenced last year after being found guilty of 14 charges including possessing illegal drugs for trafficking and possessing illegal firearms.
A multi-agency police raid of a 12th floor unit of the River Green luxury condo near the Richmond Olympic Oval in 2017 revealed Kim to be “a decision maker and ‘middle management’” in the operation named “Green Planet.”
Green Planet trafficked heroin, fentanyl, cocaine and methamphetamine for supply chains in Richmond, Delta and Vancouver.
Police seized a sizeable cache of drug paraphernalia and illegal firearms, as well as almost $29,000 in cash. The seized drugs were valued between $50,000 to $68,000.
Kim, who was 37 at the time of sentencing, was linked to the Red Scorpion gang.
Aggravating circumstances considered during his sentencing include his “pivotal role” in the distribution process, the fact that the unit was in a “densely populated residential building” and posed “an unacceptable risk to the safety of other residents,” and the fact that he chose to do so for “quick, easy money” even though he was capable of working legitimate jobs.
The presence of fentanyl and carfentanil in the trafficked drugs was also considered as Kim was “engaged in this activity in the midst of a public health crisis involving devastating impacts on the community.”
His mitigating factors were “few,” according to the original judge, but included his lack of involvement with the courts for 10 years, his compliance with bail conditions and his “sincere apology” for the harm caused by his actions.
Original sentence was too harsh: drug trafficker
In an appeal filed with the B.C. Court of Appeal, Kim claimed the original judge had given him a harsher sentence than that for similar or more serious offenders.
According to Kim, the leader of Green Planet and another co-accused who played a similar role received shorter sentences for relevant charges.
The Court of Appeal judges disagreed, finding Kim had failed to show the original judge made a mistake when considering his co-accused’s sentences and other circumstances when sentencing him.
The sentences could not be viewed in isolation, wrote Judge Ronald Skolrood, who added that the two individuals had the “important” mitigating factor of guilty pleas in addition to other differing circumstances.
Kim also claimed the original judge failed to consider the collateral consequences of a lengthy custodial sentence, which would have a “significant adverse impact on his young family.”
This argument was also rejected by the Court of Appeal.
The original judge had acknowledged the sentence’s impact on Kim’s family, wrote Judge Skolrood, but prioritized the principles of deterrence, denunciation and protection of the public instead given the “seriousness of the conduct giving rise to the challenges.”
Kim’s appeal was ultimately dismissed.
- With files from Alan Campbell
