Accused convicted after trial of several offences including aggravated assault. 23 year old female aboriginal accused. Many Gladue factors present, including having been abandoned by her parents as an infant, alcohol and drug abuse, limited education. Relatively lengthy record. Assault consisted of four stab wounds, two of which required surgery. Crown sought 4.5 years.

Held: 28 months jail.

As per Okimaw, 2016 ABCA 246: “It cannot be doubted that a life of abuse, hardship, insecurity, dislocation and rejection will be braided into the thinking processes of any individual from a young age … In devising the appropriate sentencing response, it is important to understand the individual.” The accused reacted to a perceived attack with pre-emptive and excessive violence. Gladue factors operated to diminish moral blameworthiness.

M. Khan -Defence Counsel