The COVID-19 pandemic and its effects on prisoners cannot be taken into account on an appeal against sentence where no error has been established in the original sentence; review of sentences in light of subsequent events remains the province of the Executive Government. Differences in prospects of rehabilitation can justify disparity between sentences imposed on offenders engaged in the same criminal enterprise. The Bugmy principles reducing the weight of general and specific deterrence apply to any offender raised in an environment of deprivation, violence and substance abuse, not only Aboriginal offenders.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
4 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.