Two accused charged with murder, but convicted of manslaughter in a beating death of a good samaritan who had gone outside at night to investigate loud noises. Aboriginal accuseds with significant records and addictions issues, but both had made significant strides toward rehabilitation.

Held: 6.5 years jail.

Aggravating factors included: that it was a group assault and a random attack, and that both accused had significant criminal records. Both accused presented with many of the traditional Gladue factors … “systemic discrimination and cultural challenges.”

L. Garcia, D. Anderson –

Defence Counsel