Defence appeal from 4 year jail sentence imposed in relation to drug offences. 50 year old offender who had made significant strides toward rehabilitation.

Held: Appeal allowed, sentence reduced to 42 months.

“The dominant feature of this case from our point of view is the restraint principle contained in s 718.2(d) of the Criminal Code … the failure of the sentencing Provincial Court judge to acknowledge the efforts that he had made up to that point of the sentencing … involved an error in principle”.

C. Hooker – Defence Counsel