FASD & the Justice System
ONTARIO

R. v. R.L. [2004] OJ No. 384

FACTS: RL plead guilty to aggravated assault and obstruction of justice. He stabbed TV several times. The victim did not sustain any life threatening injuries because the wounds were superficial.

HELD: After considering denunciation and deterrence RL was given credit for four and half years of pre trial custody. He was sentenced to 5 years with two years probation. The remaining 6 months were to be served in the community. The judge ruled that Gladue was applicable with Aboriginal offenders regardless of whether their crime was violent. There were no formal assessments, but it was put forth that RL likely suffered from FASD. It was also acknowledged that RL would not likely benefit from further imprisonment.