May 25, 2016
British Columbia Court of Appeal holds application of Gladue principles do not mean Aboriginal offenders receive reduced sentence in every case
R. v. Elliott
2015 CarswellBC 1957
British Columbia Court of Appeal
Criminal law --- Offences — Assault — Aggravated assault — Sentencing — Adult offenders — Miscellaneous
Accused beat victim to extent that he suffered numerous abrasions and contusions to his upper torso, head and legs, skull fracture and bone fragments in his cheek, back and chest — Accused was sentenced to four years imprisonment for aggravated assault and knowingly uttering threats to cause death or bodily harm — Accused appealed sentence on ground that sentencing judge did not give appropriate consideration to his Aboriginal background — Appeal dismissed — Sentencing judge accepted relevancy of accused's Aboriginal background and was probing accused's counsel for additional argument as to why accused's minimal connection to that background should be given greater weight in case — Sentencing judge correctly considered effect of accused's troubled childhood on his moral culpability — Sentencing judge expressly considered unique circumstances accused faced as Aboriginal offender — Sentencing judge applied Gladue principles to vicious assault.
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