Crown seeks to appeal Bradley Barton's manslaughter sentence in 2011 death of Cindy Gladue
Crown prosecutors are seeking to appeal the 12 1/2 year manslaughter sentence an Ontario trucker received after being found guilty of killing a women in his Edmonton hotel room.
Bradley Barton, 53, was convicted in February in the death of Cindy Gladue, a 36-year-old Métis and Cree woman who died at the Yellowhead Inn in June 2011.
At his sentencing hearing in July, Crown prosecutors sought a prison term of between 18 and 20 years. Defence lawyer Dino Bottos argued for a sentence of between five and nine years.
Court documents show prosecutors cite three specific grounds to appeal:
- The sentence is "demonstrably unfit"
- The sentencing judge erred in considering aggravating and mitigating factors
- The sentence imposed is not proportional to the gravity of the offence and the moral blameworthiness of the offender
Barton has about 11 1/2 years remaining to serve on his sentence after factoring in credit for time already served.
At sentencing, Court of Queen's Bench Justice Stephen Hillier ruled Barton had "an intolerable level of blameworthiness" in Gladue's death.
"No words can capture the tragedy and sorrow, particularly for the young family left suddenly without a mother."
Justice Hillier also cited Barton's failure to help a bleeding Gladue, the deliberateness of his actions as well as his lies to police and hotel staff as aggravating factors in sentencing.
At trial, the court heard that Gladue had four times the legal limit of alcohol in her system and bled to death from a severe wound in her vagina.
Barton testified he paid Gladue for sex and was shocked to find her bloody body in the bathtub the next morning.
Crown prosecutors argued Barton caused the fatal wound when he sexually assaulted Gladue.
Bottos argued Barton and Gladue had engaged in consensual sex acts.
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