Wednesday July 23, 2014

subscription options


Print Edition»

  • Includes free
    digital edition
  • Digital Edition»

  • Print format with
    enhanced features!
  • QUESTION OF THE WEEK

    • What do you consider to be the 2013 Story of the Year?
    • B.C. election
    • 36%
    • TRU law school
    • 4%
    • Proposed Ajax mine
    • 43%
    • Jack Shippobotham death
    • 3%
    • Starving horses seized
    • 11%
    • Red Lake cold case
    • 3%
    • Total Votes: 1070





    Court reduces sentence after trial judge with vertigo questions his own fairness

    VANCOUVER - The B.C. Court of Appeal has reduced a man's sentence to 18 months from two years after the trial judge said he was suffering from a sudden vertigo problem and questioned his own fairness.

    Peter Hancock pleaded guilty to one count of possessing heroin for the purpose of trafficking, and his lawyer suggested a sentence of one year.

    The Crown wanted two years and the judge asked Hancock if he preferred to serve 18 months in a provincial jail or two years in the federal system.

    "I guess federal," Hancock replied.

    The next day, the judge had Hancock brought back to court and said he might have been unwell when he imposed the sentence and couldn't say if he acted impartially.

    "He stated that shortly after the sentencing he became unwell with a sudden onset vertigo problem," the appeal court decision said.

    "He was concerned that he could not say when the symptoms came upon him and he might have been unwell when he imposed the sentence on the appellant the previous day."

    Hancock wanted the judge to change the sentence to provincial time but the judge said it was too late for him to do that and suggested an appeal.

    The unusual circumstances had the Crown conceding that it would be appropriate for the appeal court judges to substitute a sentence that the trial judge likely would have imposed had he been well.


    Comments


    NOTE: To post a comment in the new commenting system you must have an account with at least one of the following services: Disqus, Facebook, Twitter, Yahoo, OpenID. You may then login using your account credentials for that service. If you do not already have an account you may register a new profile with Disqus by first clicking the "Post as" button and then the link: "Don't have one? Register a new profile".

    The Kamloops Daily News welcomes your opinions and comments. We do not allow personal attacks, offensive language or unsubstantiated allegations. We reserve the right to edit comments for length, style, legality and taste and reproduce them in print, electronic or otherwise. For further information, please contact the editor or publisher, or see our Terms and Conditions.

    blog comments powered by Disqus



    Sitemap / RSS   Glacier Community Media: www.glaciermedia.ca    © Copyright 2014 Glacier Community Media | User Agreement & Privacy Policy

    LOG IN



    Lost your password?