The federal Crown is appealing the decision to give a former University of Saskatchewan football player probation instead of jail time after he was convicted of possessing 21 pounds of marijuana for the purpose of trafficking.
On June 23, Justice Shawn Smith sentenced Seamus John Neary, 25, to a probation period of two years despite noting that similar cases usually carry a jail sentence of between 15 and 18 months. Smith cited the pending legalization of marijuana as a factor in deciding against sending Neary to jail.
The Crown appealed the sentence on the grounds that the trial judge erred “by taking into account an irrelevant factor in sentencing: namely, the fact that marijuana is going to be legalized at some time in the future.”
Other reasons listed in the notice of appeal include a belief that the trial judge placed an excessive emphasis on Neary’s personal circumstances and that the sentence does not suit the fact that Neary sold and possessed a large quantity of marijuana.
Police seized the drugs and $1,000 cash during an investigation in 2014, court heard during Neary’s trial in November.
The Crown did not indicate the exact length of sentence it would be seeking on appeal, only asking the court “to vacate the sentence imposed and substitute a fit sentence.” In May, prosecutor Wade McBride argued Neary should serve between 15 and 18 months in jail.
In light of the Crown seeking that length of incarceration, defence lawyer Chris Lavier said his client “appreciated an appeal was a real possibility.”
Lavier said he still believes Smith’s decision was “well-reasoned,” despite the Crown’s grounds of appeal.
“He crafted a sentence that placed appropriate priority on the need for denunciation and deterrence, without losing sight of the need to consider the accused’s personal circumstances,” Lavier said.
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