The appellant, David Lanktree, appealed his 5-year prison sentence for drug and weapons offences, arguing the trial judge erred by not imposing a conditional sentence, treating community drug problems as an aggravating factor, and failing to consider Duncan credit for harsh pre-sentence custody conditions.
The Court of Appeal dismissed the appeal, finding the sentencing judge correctly determined a conditional sentence was inappropriate given the appellant's history of re-offending and breaches.
The court also found the judge did not err in principle by considering the community impact of drug trafficking for denunciation and deterrence, and that the discretion regarding Duncan credit was properly exercised.
