The appellant, an Aboriginal offender and residential school survivor, appealed his sentence for sexually abusing his step-daughter.
The Court of Appeal found that the trial judge erred in principle by failing to consider the appellant's Aboriginal background and upbringing under s. 718.2(e) of the Criminal Code.
Balancing the severe aggravating factors of the offence against the appellant's tragic upbringing and physical ailments, the Court granted leave to appeal and reduced the sentence to four years.
