Law360 Canada ( January 7, 2021, 6:06 AM EST) -- Appeal by 62-year-old McKibbin from the six-month sentence imposed following his guilty plea to one count of trafficking in cocaine. The appellant sold cocaine in a dial-a-dope operation. At the time of sentencing in January 2020, the appellant suffered from chronic obstructive pulmonary disease. He did not have a previous record. The sentencing judge found the appellant’s health issues, which would make a jail sentence harsher on him than if he was healthy, did not amount to an exceptional circumstance that justified a non-custodial sentence. The appellant applied to adduce fresh evidence that updated his current medical condition and suggested he was at greater risk of death if he contracted COVID-19....