Jail Sentence Overturned on Appeal Due to Client’s Health
The client, who was represented by different counsel at the sentencing hearing, was sentenced to 6 months jail for trafficking cocaine. Cathryn Moore was retained for the sentencing appeal. She successfully argued that a suspended sentence, where the offender serves his sentence on conditions in the community, was more appropriate than a jail sentence.
Appeal allowed and sentence reduced. The British Columbia Court of Appeal admitted new medical evidence regarding the Appellant’s health concerns and fresh evidence regarding the COVID-19 pandemic. The decision confirms the implications of an offender’s health and medical conditions in a custodial sentencing as a relevant consideration and confirms the legal principles regarding the admission of fresh evidence.