Mark Kantor

The appellant, a young Aboriginal man from a remote community, appealed his conviction and five-year sentence for aggravated assault against his domestic partner.

The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge's application of the W. (D.) principles or assessment of credibility.

On the sentence appeal, the Court found that the trial judge and counsel erred by failing to adequately consider s. 718.2(e) of the Criminal Code and the Gladue principles.

However, after ordering and reviewing a new pre-sentence report addressing the Gladue factors, the Court concluded that the five-year sentence remained fit due to the severe aggravating circumstances of the domestic assault and the appellant's high risk to re-offend.

The appellant appealed his conviction and sentence for aggravated assault.

The Court of Appeal reserved its decision and determined that it required further evidence to properly decide the sentence appeal.

Pursuant to s. 687(1) of the Criminal Code and R. v. Gladue, the court ordered the preparation of a further pre-sentence report addressing the systemic and background factors relevant to the Aboriginal offender.