The Crown appealed the effective 14-month sentence imposed on the respondent for aggravated assault and break and enter after she invaded a neighbour's cottage and stabbed him.
The respondent, a 60-year-old first offender with mental health issues, had already completed the custodial portion of her sentence under stringent lockdown conditions.
The Court of Appeal agreed with the Crown that the original sentence was demonstrably unfit and that a penitentiary sentence ought to have been imposed for general deterrence.
However, given fresh medical evidence of the respondent's positive progress and the fact she had already served her time, the court concluded re-incarceration would serve no useful purpose and dismissed the appeal.