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Transgender sex offender loses appeal of Surrey sentence

The appeal filed by Michael Allen Weins, a transgender sex offender sentenced for assault in Surrey, was rejected by the top court in British Columbia on May 21, 2024.
Weins challenged the sentence and 20-year sex offender registry order, claiming the trial judge failed to meaningfully consider her Indigenous heritage under Gladue principles due to limited information.
The assault occurred on February 2, 2021, after Weins and the victim consumed GHB, leaving the victim unconscious and vulnerable during the sexual assault inside her home.
Justice Sheri Donegan noted Weins’ remote Indigenous connection and extensive criminal record and affirmed the victim suffered long-lasting emotional, psychological, and economic impacts.
The court upheld the three-year prison sentence, concluding the Gladue factors held no significant weight and that the defense’s requested two-year term improperly minimized Weins’ moral blameworthiness.

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