Defence appeal from 51 month sentence imposed in relation to multiple property offences. Money being used to buy cocaine. “This appeal raises an important principle going directly to the utility, integrity and effectiveness of drug treatment courts. Should an offender’s performance under a drug treatment program mitigate sentence even though the offender fails to complete the program”?
Held: Appeal allowed. Sentence varied to time served.
“We have concluded that there is no principled basis for disallowing credit in the proper case. To the contrary. That said, the extent to which an offender’s performance under a drug treatment program mitigates the sentence ultimately imposed remains for the sentencing court to assess … we are not in a position, at this stage of the evolution of drug treatment courts in this province, to set more definitive guidelines.”
M. Duckett – Defence Counsel