The appellant appealed her convictions for assault, assault with a weapon, uttering threats, and obstruction of justice, as well as her 14-month sentence.
She argued the trial judge misapplied the W.(D.) framework regarding her alibi evidence and failed to consider Gladue factors on sentencing.
The Court of Appeal dismissed the conviction appeal, finding that while the trial judge misstated the second branch of the W.(D.) test, the error had no impact because the trial judge completely rejected the appellant's exculpatory evidence.
The sentence appeal was also dismissed, as the trial judge appropriately considered the appellant's difficult upbringing despite being unable to formally substantiate her Indigenous ancestry for Gladue purposes.
