|
ONTARIO - Provincial Court: R. v. Wahpay [1991] O.J. No. 2300 |
 |
 |
ONTARIO
Provincial Court
R. v. Wahpay [1991] O.J. No. 2300
FACTS: An Aboriginal woman, Wahpay pleaded guilty to one count of manslaughter. Wahpay physically beat Ricky James Pelly, a child under her care. He had
FAS and his care was demanding. She repeatedly requested aid or his removal from her care.
HELD: The court imposed a custodial sentence of one year and a probation order for a consecutive term of one year. She received a custodial sentence because her victim was a vulnerable child, whom she has an obligation to protect. Mitigating factors that reduced the duration of the sentence were Wahpay's remorse, her request for aid or removal of Ricky from her care, her rehabilitation, the time spent in pre-trial custody, and her obligations to her 7-year-old daughter.
|
