Cases and Discussion Questions

R$.$ v$.$ Clough, $2001$ BCCA $613($CanLII$)$

Ms$.$ Clough was convicted in a B$.$C$.$ Provincial Court of possession of cocaine for the purposes of trafficking and possession of a small amount of marijuana. At the time of sentencing$,$ the provincial court judge had to decide whether this was an appropriate case to impose a conditional sentence on Ms$.$ Clough or whether a harsher sentence involving a jail term was warranted. He was asked to take into consideration the Supreme Court of Canada decision in R$.$ v$.$ Proulx, setting out certain guidelines for sentencing in these circumstances, and the British Columbia Court of Appeal decision in R$.$ v$.$ Kozma, which upheld the imposition of a conditional sentence in a similar matter. The trial judge decided that Kozma was wrongly decided and imposed a jail sentence instead.

If Clough was to appeal her sentence, what argument could she make?