Summary
37177
Jody Wade Laboucane v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
Keywords
None.
Summary
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Criminal law – Sentencing – Aboriginal heritage – Whether Court of Appeal failed to give adequate consideration to circumstances of accused – Whether there were meaningful Gladue factors to be considered – Whether principles contained in s. 718.2(e) of Criminal Code are of diminished importance where Aboriginal person is not of purely Aboriginal lineage – Relevance of resources in community in light of accused’s Aboriginal heritage – Whether sentencing judge erred in requiring a causal link between accused’s Aboriginal heritage and offences.
On January 4, 2015, Mr. Laboucane assaulted a cab driver. He later found the cab abandoned outside his residence and drove it to his ex-spouse’s residence where he banged on her door, entered her house without permission, threatened her and assaulted her. He drove to another residence where he found his girlfriend and a man asleep in a bed. He assaulted the man. Later, police officers stopped him in the stolen cab and he refused to provide a breath sample. He was convicted of multiple offences and sentenced to a total of two years imprisonment. In part, he was sentenced to 18 months for breaking, entering and assault at his ex-spouse’s residence and 6 months consecutive for assaulting the man found with his girlfriend.
Lower Court Rulings
Provincial Court of Alberta
150009892P1
Court of Appeal of Alberta (Edmonton)
1503-0242-A, 2016 ABCA 176
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