R v Wells[1] is a decision of the Supreme Court of Canada with respect to sentencing principles set out in s 718.2(e) of the Criminal Code, relating to Aboriginal offenders.
The offender was attending a house party where he assaulted an 18-year-old girl while she was sleeping.
[2] The trial judge agreed that the court must take into account the offender's Aboriginal heritage, but held that the sentence could not be served in the community since it would not provide sufficient denunciation and deterrence.
The Alberta Court of Appeal upheld the sentence.
[3] Justice Iacobucci for a unanimous court held that where the severity of the offence increases, the applicability of s. 718.2(e) decreases.