The appellant, a former Crown Attorney suffering from bipolar affective disorder, pleaded guilty to fraud and breach of trust for misappropriating funds from a charity and a client, and for improperly negotiating plea bargains to secure restitution for that client.
The sentencing judge imposed a total of 24 months' incarceration, finding that the medical evidence did not support a causal link between the appellant's mental illness and his criminal behaviour.
The Court of Appeal found the sentencing judge misconstrued the psychiatric evidence regarding the inadequacy of the appellant's lithium levels and his uncontrolled hypomanic state.
The appeal was allowed in part, and the sentence was varied to a blended sentence of 12 months' incarceration followed by a 12-month conditional sentence.
