What is the test for reducing the length of an indefinite custodial sentence?

Prince Edward Island, Canada


The following excerpt is from Amos Haywood Hubley v. R, 2009 PECA 21 (CanLII):

To be successful in having his sentence reduced, the applicant would have to establish that the sentence imposed was excessive in the circumstances and that the sentencing judge erred. Given the restricted standard upon which this court can review and vary a sentence, the applicant has not established, at this stage, that his appeal has some hope of success. Accordingly, he has not established that his continued detention will cause him unnecessary hardship. See: McGarry v. R., supra. In this case, the applicant will have served most of the time imposed by the time an appeal is heard, even if it is expedited. However, I find that there is no reasonable prospect that the custodial aspect of the applicant’s sentence would be reduced on appeal.

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