The appellant pleaded guilty to aggravated sexual assault after randomly attacking and raping a stranger walking home at night.
He was sentenced to 12 years' imprisonment.
On appeal, the appellant argued the sentencing judge misapplied Gladue principles by finding his Indigenous heritage moot due to the severity of the offence, and failed to apply principles of proportionality and restraint.
The Court of Appeal found that while the sentencing judge erred in his Gladue analysis, the 12-year sentence remained fit given the egregious nature of the random attack and the need to prioritize denunciation and deterrence.
