Vernon judge says ‘exceptional circumstances’ means fentanyl dealer won’t get jail time

VERNON – In what the judge described as "exceptional circumstances," a convicted North Okanagan fentanyl dealer has escaped jail time and instead was sentenced to three years of probation.

Justice Dennis Hori handed the sentence down to Wade Joseph Appell today, Aug. 28, at the Vernon courthouse.

Hori sentence Appell to three years probation, where for the first 18 months Appell must abide by a curfew restricting him from leaving the house between 8 p.m. and 6 a.m.

Appell's partner teared up from the public gallery when the judge read out his sentence.

Hori told the courtroom the objective of the criminal justice system is the protection of society.

"If Mr. Appell's rehabilitation succeeds as it appears it will, society will be permanently protected by the danger he might otherwise present," Hori said. "It would be a harsh result if Mr. Appell was sentenced to a period of incarceration as it would result in his losing the job he has held for two years, exposing his family to the loss of his income and the undoing of the significant steps he has taken to turning his life around."

The court heard Appell was arrested in July 2017 by police surveilling a dial-a-dope scheme. The 34-year-old was found with 2.5 grams of fentanyl split into 26 different bags, $910 in cash, and 4.7 grams of cocaine individually-wrapped. Appell was not the subject of the surveillance at the time of his arrest.

Crown lawyer Michelle Reinhart argued for a sentence of 20 to 24 months jail time, citing the dangers of fentanyl and that sentencing for trafficking fentanyl was harsher than for other drugs.

Defence lawyer Jonathan Avis instead asked for 18 months of house arrest, followed by 18 months on probation arguing this was a "rare case" where society was best protected by the rehabilitation of the offender.

The court heard Appell began dealing fentanyl to pay for his alcohol and cocaine addictions, which were made worse when he lost his job for drinking at work.

Hori heard how following his arrest, Appell found full-time work and has been employed permanently for the last two years. He was also the main bread-winner for his partner and their three children.

During the sentencing, Justice Hori cited a letter from Appell's employer stating he was a "dependable team player" and a "valuable asset" to the company. Another letter from a community group reflected the same sentiments.

The judge said Appell was attending bi-weekly substance abuse counselling as well as family counselling.

"It is my view that Mr. Appell has turned his life around and that his circumstances are exceptional," the judge said. "He has accepted responsibility for his conduct by pleading guilty to the offence, he has expressed remorse for his actions."

"He has committed a serious offence which would command a significant period of incarceration had it not been for his exceptional circumstances."

Appell's probation also came with a long list of restrictions barring him from consuming alcohol or leaving B.C. without permission, among others. He will also have to submit a sample to a national DNA databank.

Appell said he had no comment when asked outside the courtroom.

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