The appellant appealed convictions for prolonged sexual abuse of his stepdaughter and appealed sentence, seeking to rely on fresh Gladue evidence.
The court held there was no reviewable error in the trial judge’s application of the credibility principles in W.D. and dismissed the conviction appeal.
Although the Crown consented to admission of the fresh Gladue report, the court found the appellant’s claim to Gladue consideration weak, the report speculative on causation, and the offences so serious that Aboriginal background did not materially affect sentence fitness.
Both conviction and sentence appeals were dismissed.
