The appellant, an Aboriginal woman with a tragic history of abuse and mental health issues, abducted a newborn infant from a hospital after her own child was stillborn.
She pled guilty and was sentenced to five years' imprisonment.
On appeal, the Court of Appeal found that the sentencing judge erred by using a prior seven-year sentence as a baseline and failing to properly apply the principle of restraint and the Gladue framework for Aboriginal offenders.
The appeal was allowed, and the sentence was reduced to two and a half years' imprisonment.
