R v Weasel Bear, 2016 ABPC 244 per Pharo, PCJ:
Accused pled guilty to assault causing bodily harm. Accused suffered from Fetal Alcohol Spectrum Disorder. Issue being the impact of FASD on assessing sentencing principles in 718 CC.
Held: 6 months jail.
“To the extent that FASD is demonstrated to have attenuated or diminished the moral blameworthiness of the offender, it must be taken into account. Morever, sentencing is an individualized process and courts should craft sentences for FASD-affected offenders with awareness of their unique neurological deficits and abilities: R v Ramsay, 2010 ABCA 257.”
J. Dziadyk – Defence Counsel