R. v Wabaningosi (Tim) Dingwell

canada, canadian, case law, court opinion, canlii, pescad, 2026peca10, 2026 peca 10 (canlii), 2026, peca, 10, (canlii), s1-ca-1535, 2026, criminal and statutory offences, sentencing, sexual assault, criminal code, s. 271(a), crown appeal of sentence and sentencing afresh, penetrative sexual assault of spouse in home, victim impact statement, aggravating and mitigating factors, parity, restraint, sentence varied and probation set aside, appeal allowed, statutory interpretation, sentencing provisions, criminal code, s. 718.04, mandatory language, whether court may decline to consider s. 718.04 because crown did not assert it, “shall give primary consideration” to denunciation and deterrence where victim vulnerable, refusal treated as error of law affecting sentence, sentence replaced, procedure, appeals, sentence appeals, criminal code, s. 676(1)(d), leave to appeal sentence, standard of review on sentence appeal, whether sentencing judge made an error in principle impacting sentence or imposed a demonstrably unfit sentence, deference to sentencing judge’s findings absent error, leave granted and appeal allowed, indigenous peoples, gladue, sentencing of indigenous offenders, criminal code, s. 718.2(e), gladue report and moral blameworthiness, whether s. 718.04 primacy of denunciation and deterrence diminishes gladue principles, need to apply ss. 718.1 and 718.2 while giving primacy to deterrence and denunciation, sentence increased to 26 months imprisonment