Court of Appeal for Ontario

Date: 2017-11-20 Docket: C62364

Judges: Rouleau, Pepall and Miller JJ.A.

Between

Her Majesty the Queen Respondent

and

Kassandra Arsenault Applicant/Appellant

Counsel

Jessica Zita, for the applicant/appellant

Kathleen Healey, for the respondent

Hearing

Heard: November 17, 2017

On leave to appeal and appeal from the sentence imposed on March 9, 2016 by Justice D. Austin of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant was convicted of possession of methamphetamine for the purpose of trafficking. She was sentenced before the Supreme Court's decision in R. v. Lloyd, 2016 SCC 13 in which the mandatory one year sentence for s. 5(2) of the CDSA was struck as being unconstitutional. The appellant's case was still in the system when the decision in Lloyd was rendered.

[2] The sentencing judge expressed regret that she was required to impose a sentence based on the one year minimum but nonetheless imposed a 12 month custodial sentence plus 10 months' probation.

[3] The Crown consents to allowing the appeal and remitting the case to Austin J. for a new sentencing hearing. We agree.

[4] Leave to appeal sentence is granted, the sentence appeal is allowed and the case is sent back to Austin J. for the appellant to be resentenced.