New & Notable: If at first you don't succeed...maybe you should stop

Daniel Woods was trafficking in cocaine. He got caught. He was found to have $1,130 and some drugs including 95.5 grams of cocaine. He was charged. He was released pending trial and resolution of that charge. While on release he again trafficked in cocaine. He was caught, again. This time he had 288.5 grams of cocaine and 79 ecstasy pills, along with $540. He was charged, again. He pleaded guilty to both charges.


Woods was a young man, he had no prior record and he had a gambling addiction. The sentencing judge imposed a sentence of 18 months jail on the first charge and 30 months jail on the second. Woods appealed: 2013 ONCA 766.

The Court of Appeal upheld the sentence. In doing so it offered the following:

However, the sentencing judge considered it an aggravating factor that the appellant committed the second offence while released on an undertaking and awaiting disposition of the first offence.

We agree. Where an accused re-offends while on release, the sentencing principles of general deterrence and denunciation must be given more significance to discourage and denounce such conduct. Further, we see no basis for the appellant’s submission that the sentences on the two offences should have been concurrent. We are not persuaded that the sentencing judge made any error or that the sentence is unfit [emphasis added]; [parars 3-4].