Aboriginal accused pleaded guilty to manslaughter. Beating death of accused’s father on the Morley Reserve involving multiple kicks to the head. Both men were grossly intoxicated. 29 year old accused with no record. Numerous Gladue factors. Crown sought 5-7 years jail. Defence sought probation.
Held: 3.5 years jail.
As per Swampy, 2017 ABCA 134, in order to properly situate the offender within the Laberge moral blameworthiness continuum, individual Gladue factors must be taken into account. In the present case, the offender’s moral culpability fit into the high end of the second category, verging on the third category set out in Laberge. Although a non-custodial sentence would be a response to the compelling individual circumstances of the offender, broader societal and community interests need to be taken into account: Gejdos, 2017 ABCA 227.
G. Wolch – Defence Counsel