The appellant, an Aboriginal offender with three prior drinking and driving convictions, appealed his sentence of 45 days intermittent incarceration and 18 months' probation for operating a motor vehicle with a blood alcohol content over 80mg.
He argued the trial judge failed to adequately consider his Aboriginal heritage, overemphasized deterrence, and erred in denying a conditional sentence.
The Superior Court of Justice dismissed the appeal, finding the trial judge applied correct principles, properly considered the Gladue factors, and imposed a sentence that was not clearly excessive given the aggravating circumstances.
