The health of an offender is a factor bearing on the length and type of sanction, and a unique combination of severe medical vulnerability to infection in custody and exceptional hardship to a dependent family member can justify a non-custodial sentence even for serious commercial drug supply offences. However, an added risk of infection in a prison hospital is not itself a basis for respiting a deserved custodial sentence; the decision turned on the particular concatenation of the respondent's medical problems and the symbiotic relationship with his dependent son.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
1 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.