The appellant appealed a conviction for assault causing bodily harm and a sentence of 60 days’ intermittent incarceration.
The appellant argued the trial judge failed to properly apply the credibility framework from R. v. W.(D.) and provided insufficient reasons for rejecting defence evidence.
The court held that the trial judge considered the whole of the evidence and did not shift the burden of proof, and the conviction appeal was dismissed.
However, the sentencing judge failed to conduct a Gladue analysis despite the offender being Indigenous, contrary to s. 718.2(e) of the Criminal Code.
The sentence was therefore set aside and the matter remitted for a new sentencing hearing.
