Indigenous portion left out of pre-sentence report
Sentencing postponed for Amber Koale Davis, 31, of Fredericton, for October knife assaults
A Fredericton woman set to be sentenced Monday for several assaults with a knife saw that proceeding delayed because probation services didn’t prepare an Indigenous-heritage report as ordered.
Amber Koale Davis, 31, of Beaverbrook Street, appeared in Fredericton provincial court in custody and in person Monday.
She was scheduled to go through a sentencing hearing for four Oct. 25 counts of assaults with a knife on Gurashish Singh, Arindam Gupta, Nancy Thumar and Drishti Parswani, as well as a related charge of probation violation.
Davis was also due to be sentenced for stealing merchandise from NB Liquor on Trinity Avenue and breaching her probation Oct. 21.
But defence lawyer Michael Mallory said there was a problem with Davis’ pre-sentence report.
He noted that since Davis is of Indigenous heritage, the court had ordered that a Gladue report be included as part of the pre-sentence report.
Gladue reports are legally mandated reports that focus on unique issues to be considered when sentencing Indigenous offenders.
Among the details they contain are information on family and cultural background factors - including historical and systemic traumas inflicted on Indigenous populations - that have influenced an offender and rehabilitative plans.
Mallory said his client tells him that when a probation officer asked her during the pre-sentence report process if she wanted a Gladue component prepared, she said it didn’t matter to her.
But Judge Natalie LeBlanc said it matters to the court. She agreed with Mallory that the Gladue component was something the court needed during the sentencing process.
The judge pointed out the Gladue report was part of a court order and should’ve been done regardless.
She was dismayed that Davis’ sentencing would have to be postponed, especially since she’s in custody awaiting that proceeding.
“That part of the report is not optional for me as a judge,” she explained to the defendant.
LeBlanc wanted to ensure as quick a turnaround as possible, so she had her stenographer inquire with probation services how soon someone could prepare the Gladue report in Davis’ case.
The judge said her office was told it would take about six weeks.
Given that Davis had already waited two months for her pre-sentence report, LeBlanc said, that was unacceptable to the court.
“We pushed back and came to a compromise,” the judge said.
She rescheduled Davis’ sentencing hearing for Feb. 15, noting the offender will accumulate additional remand credit in the meantime.
Don MacPherson can be contacted at ftonindependent@gmail.com.
why do you have to put her as Indiginious I don't see any other person described as white , Black or yellow other ?