Punishments (sentence) – Conditional sentence – Considerations – A trial judge, in sentencing the
accused for drug offences, held that the accused’s failure to acknowledge her guilt disqualified her for a
conditional sentence – The judge suggested that her chances of getting such a disposition would be
much improved if she pleaded guilty – The British Columbia Court of Appeal held that this was a serious
error in principle
Sentence – Trafficking in a narcotic – The 23 year old accused was convicted of possession of nine ounces
of cocaine for the purpose of trafficking, and possession of a small amount of marijuana – Since her
arrest, the accused overcame her drug dependency, returned home to live with her mother and
maintained steady employment – The British Columbia Court of Appeal substituted a conditional
sentence of 12 months for a custodial sentence of nine months
Respect for the law – The British Columbia Court of Appeal stated that the phrase “respect for the law”
as it appeared in s. 10(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, could not only be
achieved by a punitive disposition, but would more likely be accomplished by a measured and balanced
consideration of all of the sentencing options