The appellant pled guilty to manslaughter after accidentally shooting his friend with a prohibited firearm while in a vehicle.
He was sentenced to seven years' imprisonment.
On appeal, he argued the trial judge failed to properly apply s. 718.2(e) of the Criminal Code regarding his Aboriginal heritage and erred in weighing aggravating and mitigating factors.
The Court of Appeal found no error in the application of s. 718.2(e) given the mandatory minimum sentence, but the majority held the trial judge failed to give sufficient mitigating weight to the appellant's positive life steps.
The appeal was allowed and the sentence reduced to five years.
