The appellant appealed his sentence for manslaughter.
The Court of Appeal found that the trial judge erred in principle in two respects: first, by holding that the plea to manslaughter fully accounted for the mitigating effect of the appellant's intoxication; and second, by failing to give adequate weight to the appellant's aboriginal status under s. 718.2(e) of the Criminal Code.
The Court noted the appellant was only a party to the offence, did not administer the fatal blows, and had a restorative plan in place.
The appeal was allowed, and the sentence was reduced to 15 months' imprisonment (an effective sentence of five years considering pre-sentence custody) followed by 12 months' probation.
