LAUNCH AN APPEAL

Kenneth McNeill should appeal as excessive the 30 months in jail he was
sentenced to serve as a result of his conviction for trafficking in crystal
methamphetamine. An appeal is in McNeill's obvious self-interest, but it
also is in the broader public interest to know whether the sentence fits
the crime.

As the Free Press reported, that might not be clear to the public.

McNeill, 24, was convicted for possessing 96 grams of a despicably
addictive drug, half of which he claimed was to feed his own addiction.

On the same day, a 21-year-old was sentenced to 20 months in prison for
crimes including the killing of a friend and the injuring of three others
in a crash that ended a drunken joyride.

A day earlier, a 50-year-old man was given an18-month conditional sentence
- -- overnight house arrest and the use of his driver's licence -- for
killing a young passenger while speeding drunk. A conditional sentence on
McNeill's drug conviction, however, was rejected by Queen's Bench Justice
Alan MacInnes on grounds that a stiff sentence would serve as a deterrent
to others that might be tempted to traffic in the drug.

That a drug-trafficking case results in a harsher sentence than two cases
involving deaths does not mean that one sentence is too harsh or the others
too lenient.

But the basic facts of the matters create that appearance. Disparity in
sentencing is not unusual.

In fact, the Supreme Court of Canada has encouraged trial judges to use
their discretion in sentencing on grounds that they are closest to their
cases and the standards of the communities in which they live. It is
unclear, however, whether the pendulum of autonomy can swing too far.

More clear, however, is that in citing deterrence as the reason for a harsh
sentence, Judge MacInnes seems to be following the lead of judges who have,
over the past 40 years, made similar pronouncements with no appreciable
impact on trafficking. Over that same time period it also has become clear
that the more familiar the justice system becomes with a drug, the less
severe are sentences.

McNeill's conviction is believed to be the first for trafficking in
methamphetamine in Manitoba.

Finally, McInnes has no prior record and is not violent, two factors that
likely will lead to his release in less than a year, perhaps in five
months. A reasonable person might ask: If it is clear he will serve much
less than 30 months, why sentence him to 30 months?