R. v. Adams

R. v. Adams Collection Decisions of the Court of Appeal Date 1999-11-22 Docket numbers C31713 Judges Laskin, John Ivan; Feldman, Kathryn N.; O’Connor, Dennis Subject Criminal Decision Content DATE: 19991122 DOCKET: C31713 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) –and– EARL ADAMS(Appellant) BEFORE: LASKIN, FELDMAN and O’CONNOR JJ.A. COUNSEL: Lucia P. Favret, for the appellant Robin Parker, for the respondent HEARD: November 16, 1999 On appeal from the judgment of Forestell J. dated September 25, 1998. ENDORSEMENT [1] In our view, the sentencing judge erred in principle in relying on the three cases he discussed to show that conditional sentences in the community where he presides have not achieved either specific or general deterrence. This error in principle permits us to impose what we consider to be a fit sentence. In this case, we think a fit sentence is a conditional sentence of eighteen months. [2] Several mitigating considerations justify a conditional sentence. The drug was marijuana; the appellant cooperated with the authorities and pleaded guilty; on the evidence, the appellant was a courier and should be sentenced for that role alone; the appellant suffers from a permanent neurological and spinal disorder for which there is no cure and must therefore live with pain for the rest of his life; he has a psychiatric problem as well for which he has diligently maintained a course of treatment with his family doctor; he has made genuine efforts to upgrade his education by taking a series of courses at George Brown College; and, finally, he has served approximately six months in jail and we think it would be unduly harsh to reincarcerate him. [3] The trial judge imposed a sentence of two years less a day. In addition to converting the custodial sentence to a conditional sentence, we think two years less a day is unreasonably high for this offence and this offender. The trial judge gave no reasons for two years less a day and we think eighteen months, which is the period asked for by the Crown, is reasonable. [4] Accordingly, leave to appeal sentence is granted. The appeal is allowed and a conditional sentence of eighteen months is imposed on the conditions agreed to by counsel, which include a curfew, continuing medical treatment and continuing education. The probation order shall remain. Signed: “John Laskin J.A.” “K. Feldman J.A.” “Dennis O’Connor J.A.”