The case confirms that a sentencing judge's concern about a young offender's vulnerability in custody is not, without more, a sufficient basis to avoid a full-time custodial sentence for substantial drug supply offences. The protection of prisoners is the role of Corrective Services, and there must be evidence beyond a psychologist's opinion of potential vulnerability before a judge can conclude that full-time custody would result in tragic consequences. However, the CCA may exercise its discretion to dismiss a Crown appeal against a manifestly inadequate sentence where the offender is young, has demonstrated continuing rehabilitation, and would face double jeopardy from re-sentencing.
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