Bradley Barton was sentenced final month to 12 1/2 yrs for manslaughter in the death of Cindy Gladue, a Metis and Cree girl who bled to dying in a bathtub at the Yellowhead Inn in June 2011
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A previous prolonged-haul trucker from Ontario who is in an Alberta prison for killing a woman in an Edmonton resort place a 10 years back is appealing his conviction and sentence.
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Defence lawyer Dino Bottos, in the recognize of attraction, claims the demo choose manufactured many glitches and that the 12 1/2-calendar year sentence is extreme and unreasonable.
Barton’s next demo listened to that he had searched for graphic and violent videos 9 days in advance of Gladue was found dead.
“The demo choose erred in admitting evidence of net lookups performed by the appellant” which designed extra prejudice versus Barton alternatively of generating a probable level, Bottos writes in the recognize.
Bottos also argues that an appeal is vital for the reason that Barton’s research record was unlawfully seized, which violated his charter rights.
The attraction observe also claims Barton disagrees with the trial judge’s conclusion that consent is “vitiated,” or invalid, if there is a “commercial intercourse transaction ensuing in demise when the accused is reckless as to the chance of severe bodily damage.”
The Crown has by now submitted an attraction of the sentence, arguing that it is unfit and not proportional to the gravity of the offence.