FASD & the Justice System
BRITISH COLUMBIA
Court of Appeal

R. v. S.F.C. [2001] B.C.J. No. 769; 2001 BCCA 254

FACTS: SFC applied for leave to appeal her sentence of 14 years for second-degree murder. The victim died of his injuries after SFC violently beat the victim with a table leg and stabbed him 40 times. A 24 year-old Aboriginal person, SFC had also been diagnosed with Fetal Alcohol Syndrome. Her prior criminal record included violent offences. SFC received a life sentence and would not be eligible for parole for 14 years.

HELD: Application allowed. SFC would be eligible for parole after 12 years. The court found that the trial judge did not give significant weight to SFC's background, thus not incorporating the circumstances of Aboriginal offenders.