Accused convicted of sexual assault following trial. Accused was a 56 year old homeless aboriginal man, who sexually assaulted (vaginal intercourse) a 60 year old woman who occasionally provided the accused with shelter. Various Gladue factors present including long term addictions issues, very limited education, and community displacement.

Held: 4 years jail.

Arcand, 2010 ABCA 363 confirmed the 3 year starting point for major sexual assaults, absent a guilty plea as a mitigating factor. Assault caused shame and humiliation. Appropriate sentence absent Gladue factors would have been 4.5 years jail.

D. Derie-Gillespie – Defence Counsel