FASD & the Justice System
ALBERTA
Superior Court

R. v. I.D.B. [2005] A.J. No. 689; 2005 ABQB 421

FACTS: IDB pleaded guilty to first-degree murder. IDB was a 14-year-old Aboriginal person with recognizable symptoms of Fetal Alcohol Spectrum Disorder. IDB's victim was a 20-year old female who worked in the group home where IDB lived. On a walk together, IDB beat the victim with a tree branch. He then had sexual intercourse with her. The victim eventually died from the beating. The court found that IDB was fit to stand trial and understood his guilty plea. Psychiatric experts agreed that IDB was beyond rehabilitation and would need close supervision for the rest of his life.

HELD: IDB received a life sentence for his crime and would not be eligible for parole for 7 years. Aggravating factors were the nature of the offence and the fact that IDB left the victim's naked body when he was finished. Mitigating factors included his youth, lack of criminal record, and his guilty plea. The aggravating factor was the gravity of the crime. Although s.718.2e would be applicable in this case, the crimes seriousness and violence of the crime indicate that the same sentence of imprisonment should be imposed as it would on a non-Aboriginal person.