The appellant sought leave to appeal from a global sentence of six years imposed for multiple offences including dangerous driving, attempted robbery, attempted theft, possession of stolen property, possession of instruments for breaking and entering, and driving while disqualified.
The Court of Appeal found that the sentencing judge erred in failing to give adequate weight to Gladue factors relating to the appellant's Aboriginal background, intergenerational trauma, and systemic disadvantage.
The court reduced the sentence to four years, emphasizing that Gladue principles apply to serious offences and that consideration of such factors does not constitute a race-based discount but rather recognizes reduced moral blameworthiness and the disproportionate representation of Aboriginal peoples in the prison system.