Mason Millar

Sentencing decision following convictions for aggravated assault with a knife, assault of a child, unlawfully being in a dwelling house with intent to commit an indictable offence, and breach of recognizance.

The court applied the Gladue and Ipeelee principles to an Aboriginal offender with severe intergenerational trauma, childhood abuse, addiction, and an extensive criminal record, while emphasizing denunciation and deterrence under s. 718.01 because a young child was assaulted and exposed to the violence.

The court rejected the Crown's position that enhanced pre-sentence credit should be denied and applied Summers to award 1.5 to 1 credit for 388 days in remand.

A penitentiary sentence at the low end of the reasonable range was imposed, followed by lengthy probation and ancillary weapons and DNA orders.

The appellant appealed her conviction, arguing the trial judge erred in rejecting her evidence that she feared police would seize her money as proceeds of crime after returning it the previous day.

The Court of Appeal dismissed the appeal, finding the trial judge's inference was reasonably available on the evidence and there was no basis to interfere with the credibility assessment.