Law360 Canada ( May 14, 2019, 8:29 AM EDT) -- Appeal by the Crown from the sentence of 10 months’ imprisonment, less three and a half months for time served, imposed on the 28-year-old indigenous respondent following his conviction for aggravated assault. The respondent, in an unpremeditated attack, swung his pocket knife at the victim, cutting the victim’s face open from just below the ear to his chin. The victim required surgery to repair the injury. He suffered permanent nerve damage and was left with a large scar. The respondent had a criminal record that included nine convictions. The Gladue report indicated there was an unsubstantiated possibility the respondent had cognitive impairments consistent with Fetal Alcohol Spectrum Disorder. The sentencing judge relied on comparator jurisprudence for assault with a weapon offence. He found the sentencing range for aggravated assault was from six months to six years....