The 68-year-old appellant pleaded guilty to possession of cocaine for the purpose of trafficking.
The sentencing judge rejected a joint submission for a conditional sentence of two years less a day, citing a lack of community resources to supervise the sentence, and imposed 18 months' imprisonment.
On appeal, the Court of Appeal found the sentencing judge erred by relying on his own knowledge of community resources without a record and by expecting surveillance officers to enforce the sentence.
The appeal was allowed and a 14-month conditional sentence was imposed.
