Accused convicted of possession of cocaine for the purpose of trafficking. When arrested, the accused was struck in the face a number of times with a closed fist by one of the arresting police officers. 18 year old accused who suffered from serious mental health related issues, and had been committed to Alberta Hospital for a period of time after his arrest.
Held: 90 days jail intermittent plus 2 years probation.
As per Nasogaluak, 2010 SCC 6, a significant reduction in sentence was warranted from the 3 year starting point. “The sentencing process includes consideration of society’s collective interest in ensuring that law enforcement agents respect the rule of law.” Court also relied heavily on the accused’s youth as a mitigating factor, given the “lower moral culpability due to immaturity … and greater prospects for rehabilitation”: Scott, 2015 ABCA 99.
H. Jomha – Defence Counsel