The appellant, an aboriginal offender, appealed his sentence of 3 years and 4 months for sexual assault, arguing the trial judge erred in applying Gladue principles.
The Court of Appeal found that while the trial judge incorrectly stated that Gladue considerations are less applicable to more serious offences, he ultimately applied the principles correctly and took the relevant factors into account.
A fresh Gladue report did not materially add to the information before the trial judge.
The appeal was dismissed given the seriousness of the offence.
