Defence appeal from 3.5 year jail sentence imposed after accused convicted of sexual assault. Accused attacked and sexually assaulted (vaginal intercourse) a complete stranger who was walking alone early in the morning in downtown Lethbridge. Considerable psychological trauma caused. Aboriginal accused with various Gladue factors.
Held: Appeal dismissed.
Sentence adjusted slightly to properly reflect pre-trial custody time. The trial judge “was alert to and gave consideration to the appellant’s aboriginal background”. As per Arcand, 2010 ABCA 363, a 3 year starting point is to be employed in cases of major sexual assault involving a serious violation of bodily integrity.
A. Sanders – Defence Counsel