Jarrod Bacon’s 12-year drug conspiracy sentence is being appealed by Crown, which is seeking to have the term increased.
The notice was filed by chief federal prosecutor Robert Prior Thursday in B.C. Court of Appeal in Vancouver.
The court documents state that the sentence is being appealed because it was unfit, “considering the seriousness of the offence, the aggravating features and the offender’s degree of responsibility.”
The judge failed to give enough consideration to the principles of denunciation and deterrence, and he erred in failing to make an order of delayed parole ineligibility, the documents add.
Bacon and co-accused Wayne Scott were convicted in February of this year of conspiracy to traffic cocaine, following a 2009 undercover operation in Abbotsford by the Combined Forces Special Enforcement Unit (CFSEU).
At Bacon’s sentencing hearing earlier this month, Crown counsel sought a jail term of 21 years, with no parole eligibility until he completes half his sentence.
Justice Austin Cullen sentenced Bacon to a 12-year term. Minus double credit for time already served, this left Bacon with remaining jail time of seven years and two months.
Cullen did not place any restrictions on when Bacon is eligible for parole, meaning he can apply for full parole when he has served one-third of his sentence, as is federal law.
Scott’s sentencing hearing has been adjourned until a later date.
The CFSEU operation involved the use of a police agent who negotiated with Bacon, using Scott as the middleman, to purchase 100 kg of cocaine purportedly being smuggled from Mexico.
Arrangements had been made for the purchase of the first 10 kg for $30,000, with the remainder to be bought 10 kg at a time until it was gone.
The operation was halted by police before any money or drugs changed hands.
Cullen ruled that Bacon should receive the “high end” of a drug conspiracy sentence because he was the “operating mind” behind the scheme and there was a “considerable” amount of cocaine that could have potentially been trafficked.