Aboriginal accused pleaded guilty to aggravated assault. Crown sought 2-3 years jail. Accused stabbed her common law partner multiple times (to his back and the rear of his head). Various Gladue factors present.
Held: 90 days jail intermittent plus 2 years probation.
Accused’s parents suffered from alcoholism. She left school when she was 15 because she was pregnant, and had in the past attempted suicide multiple times by hanging herself. In accordance with Ipeelee, sentencing judges “are in the best position to ensure that systemic factors such as employment status, level of education, family situation, etc. are re-evaluated to ensure that they are not contributing to ongoing systemic discrimination.”
G. White – Defence Counsel