The Crown appealed a sentence of ten months' imprisonment and three years' probation imposed on the respondent for trafficking cocaine and ecstasy and possessing a loaded handgun.
The trial judge had reduced a five-year global sentence by one-third for the respondent's guilty plea, followed by further deductions for pre-trial custody and police assistance.
The Court of Appeal held that the trial judge erred in principle by applying a formulaic discount for the guilty plea, resulting in a manifestly inadequate sentence.
However, because the respondent had already served his sentence, resumed his education, and demonstrated excellent prospects for rehabilitation, the Court concluded it was not in the interests of justice to return him to jail and dismissed the appeal.
