CHARTER - R v Newborn, 2018 ABQB 47 (Burrows J)
Section 12 application challenging life sentence for First Nations offender convicted of second degree murder for an attack on public transit. No confirmation of maternal alcohol consumption but clear indicators of compromised neuropsychological functioning. Intellectual impairments are mitigating, but modest effect on culpability because he had mens rea for second degree murder. Not established that disability will affect offender’s ability to cope in a prison environment or that his mental health will be adversely affected there: Life sentence imposed, parole eligibility at 15 years.