R. v. Wells, [2000] 1 S.C.R. 207 is a clarification of R. v. Gladue

R. v. Gladue

R. v. Gladue, [1999] 1 S.C.R. 688 is a landmark Supreme Court of Canada decision on the application of s. 718.2 of the Criminal Code.-Background:...

 with respect to the application of s. 718.2(e) of the Criminal Code

Criminal Code of Canada

The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...

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Background

The offender was attending a house party where he assaulted an 18 year-old girl while she was sleeping. The offender was convicted and at the sentencing hearing he asked for a conditional sentence

Conditional sentence

In grammar, conditional sentences are sentences discussing factual implications or hypothetical situations and their consequences. Languages use a variety of conditional constructions and verb forms to form such sentences....

, citing R. v. Gladue

R. v. Gladue

R. v. Gladue, [1999] 1 S.C.R. 688 is a landmark Supreme Court of Canada decision on the application of s. 718.2 of the Criminal Code.-Background:...

. The trial judge agreed that the court must take into account the offender's Aboriginal heritage, but held that the sentence could not be served in the community since it would not provide sufficient denunciation and deterrence. The court of appeal upheld the sentence.

Reasons of the Court

Justice Iacobucci for a unanimous court held that where the severity of the offence increases, the applicability of s. 718.2(e) decreases. For crimes of violence and where the offender is a substantial risk to the community, the offender should receive a sentence substantially similar to non-Aboriginal offenders.