B.C. APPEAL COURT OVERTURNS SENTENCE ON DRUG-TRAFFICKING
CONVICTION

The Court of Appeal for B.C. has overturned a three-month jail term
for a Port Alberni man convicted of possessing marijuana for the
purpose of trafficking.

On Sept. 26, 2008, police raided the Port Alberni home of Stacey Terry
Bodaly and found three youths with "marijuana paraphernalia." A
pre-sentence report recommended community supervision, but Judge Allan
Gould handed down the three-month term.

On an appeal, the defence said the judge failed to take into account
Bodaly's aboriginal status as a member of the Snuneymuxw First Nation.

Though the appeal court agreed with Gould that the offence of
trafficking marijuana to youths was serious, "it does not explain why
a conditional sentence was not thought appropriate." The three appeal
court judges found that Gould did not give adequate consideration to
Bodaly's aboriginal background. The court substituted a three-month
conditional sentence.