Yukon court reduces sentence for Aboriginal sex offender
Appeals court rules that judge didn't consider Skylar Menicoche's First Nations background
The Yukon Court of Appeal has shaved six months jail time off the sentence of a man convicted of sexually assaulting a 15-year-old girl.
The court decided Skylar Menicoche's original sentence did not properly weigh his Aboriginal background or his chance for rehabilitation.
Menicoche was originally sentenced, last fall, to 23 months in jail. He had pleaded guilty to assaulting the girl in 2013, when she fell asleep after a night of drinking.
The appeals court ruled the original sentencing judge did not give proper weight to a Gladue report on Menicoche. Gladue reports encourage judges to be sensitive to the systemic racism faced by Aboriginal people and to consider alternatives other than incarceration when sentencing.
In the court's decision, Justice Neil Sharkey wrote that the original sentencing judge, "failed to give genuine effect to the Aboriginal status of the appellant," and did not consider alternatives to a lengthy jail term.
The ruling also says the original sentence did not give adequate weight to Menicoche's chance for rehabilitation.
His sentence is now 17 months in jail.
Crown prosecutors say they will consider asking the Supreme Court to review the case.