Beverly Wilton

The Crown appealed a conditional sentence imposed after convictions for four counts of trafficking in a substantial quantity of heroin.

The majority held that the sentencing judge gave excessive weight to the respondent's psychological condition and erred by treating treatment of that condition as central to rehabilitation absent evidence connecting it to the offences.

While the respondent's history of torture and resulting post-traumatic stress disorder justified some reduction from the usual range, a community-based sentence was held unavailable for this level of heroin trafficking.

The court allowed the appeal, set aside the conditional sentence and probation order, and substituted a six-year penitentiary sentence.

The intervenor's motion to introduce fresh evidence on electronic monitoring was dismissed.

The appellant appealed his conviction for possession of heroin for the purpose of trafficking following a jury trial.

The court held that the trial judge applied the wrong approach in refusing to reopen the defence case to allow the appellant's wife to testify on a material issue central to the defence.

Applying the governing test for reopening the evidence, the proposed testimony was plainly relevant and its admission would have caused no real prejudice to the Crown.

The refusal deprived the appellant of the right to make full answer and defence.

The appeal was allowed and a new trial ordered.