The appellant was convicted of aggravated assault, assault with a weapon, assault, and uttering a threat to cause death against his domestic partner, receiving a global sentence of seven years.
He appealed his convictions and sentence.
The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge's treatment of the appellant's silence.
On the sentence appeal, the Court found the trial judge erred by treating a lack of remorse as an aggravating factor and by not considering Gladue principles, as fresh evidence showed the appellant had Aboriginal heritage.
However, after conducting its own sentencing analysis applying Gladue principles, the Court concluded the seven-year sentence remained fit given the brutal nature of the domestic violence and the appellant's criminal record.
The appeal was dismissed.
