POT SENTENCES SOFTENED

Appeals court overturns jail time. Judges deem incarceration unwarranted for
61-year-old with no previous record

People convicted of minor drug offences shouldn't necessarily be doing time
behind bars, according to the Quebec Court of Appeal.

As a result of a recent ruling by that tribunal, two Montreal women have
been freed from jail and will complete their six-month sentences in the
community.

Appeals court justices Joseph Nuss, Andre Rochon and Pierre Dalphond stated
in their Jan. 24 decision that Quebec Court Judge Francois Landry of
Joliette committed an error of law in sending the women to prison last fall
after they pleaded guilty to production of a substance (marijuana) and
possession of it for the purpose of trafficking.

The appeals court agreed with arguments by defence lawyer Dominique Mathurin
- - who represented the women in challenging their sentences - that Landry
hadn't taken into account the degree of responsibility of one of the
accused, her age (61), her lack of a criminal record and her emotional
fragility.

"If he had taken these factors into account and the absence of danger to the
public, the judge of first instance would have had to conclude that the
six-month prison term proposed by the lawyers be served in the community,"
the one-page appeals-court decision read.

"The tendency in jurisdictions outside Montreal, especially in Joliette, is
for judges to send all people convicted of drug charges to prison, except in
exceptional cases, in order to send out a strong message," Mathurin said
yesterday.

She had argued before the appeals court that judges "have to deal with drug
cases individually and not lump everyone into the same group."

Mathurin added: "It's obvious (Landry) hadn't taken the defence arguments
into consideration."

The other woman is 49. Both had spent 19 days in Tanguay prison before they
were released pending their joint appeal.