BRITISH COLUMBIA
Superior Court
R. v. D.R.B. [2004] B.C.J. No. 480; 2004 BCPC 47
http://www.canlii.org/bc/cas/bcpc/2004/2004bcpc144.html
FACTS: DRB, a 20-year-old Aboriginal person with Fetal Alcohol Syndrome, pleaded guilty to impaired driving and 4 counts of robbery. DRB had long history of criminal activity. His uncle was in the car at the time, he fell out and hit his head eventually dying from that injury.
HELD: DRB was sentenced to a 32-month custodial sentence as well as three years probation. DRB's time was to be completed in a federal prison because there seemed to more resources for his difficulties. There were also strict parole conditions; his community was given the opportunity to help their member in setting out appropriate conditions. The court considered Gladue because DBR was Aboriginal. The courts' interpretation of Wells was that offenders do not always have to be sentenced under principles of restorative justice and may need to apply deterrence and denunciation. Aggravating factors included his long criminal record, the fact he was on probation, that he was armed, his continued alcoholism, limited community support, and his lack of willingness to participate in his rehabilitation. Mitigating factors included: his youth, his difficult background, his plea of guilt, his FAS, his supportive family, and that many of his offences were not violent.
