



COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Arsenault, 2017 ONCA 884

DATE: 20171120

DOCKET: C62364

Rouleau, Pepall and Miller JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Kassandra Arsenault

Applicant/Appellant

Jessica Zita, for the applicant/appellant

Kathleen Healey, for the respondent

Heard: November 17, 2017

On leave to appeal and appeal from the sentence imposed
    on March 9, 2016 by Justice D. Austin of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1]

The appellant was convicted of possession of methamphetamine for the
    purpose of trafficking.  She was sentenced before the Supreme Courts decision
    in
R. v. Lloyd
, 2016 SCC 13 in which the mandatory one year sentence
    for s. 5(2) of the CDSA was struck as being unconstitutional.  The appellants
    case was still in the system when the decision in
Lloyd
was rendered.

[2]

The sentencing judge expressed regret that she was required to impose a
    sentence based on the one year minimum but nonetheless imposed a 12 month
    custodial sentence plus 10 months probation.

[3]

The Crown consents to allowing the appeal and remitting the case to
    Austin J. for a new sentencing hearing.  We agree.

[4]

Leave to appeal sentence is granted, the sentence appeal is allowed and
    the case is sent back to Austin J. for the appellant to be resentenced.


