Court of Appeal
Decision Information
Summary: Applicant's crimes occurring in course of fight between Applicant and two victims outside Legion in Iqaluit - Applicant using knife in course of fight - Victim dying from stab wounds - second victim suffering serious stab wound - Applicant sentenced to seven years imprisonment for Manslaughter and four years, concurrent, for Aggravated Assault - Appeal Court of view that resulting sentence not excessive.
Abstract: Application by applicant for reduction in sentence
Decision: Appeal dismissed, Crown's request for increase in sentence denied
Appeal: Appellant submits 4 grounds for appeal: 1) the trial judge misinterpreted the factual basis ; 2) the trial judge wrongly refused to take intoxication into consideration ; 3) the trial judge erooneously held that the Appellant was not remorseful for his actions ; 4) the trial judge imposed a sentence for manslaughter which was outside the range of sentences
Subjects: Criminal law - Murder and related offences - Manslaughter
Criminal law - Assault - Aggravated assault
Decision Content
IN THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES
YELLOWKNIFE CRIMINAL SITTINGS
APRIL 18, 1996
COUNSEL TRIAL JUDGE COURT
SHAWN IVAN COOK John U. Bayly, Q.C. Boilard, J.S.C. Lieberman, J.A.
Irving, J.A.
Appellant Richard, J.A.
- and -
HER MAJESTY THE QUEEN Alan R. Regel
Respondent
APPEAL #CA 00529
MEMORANDUM OF JUDGMENT
Richard, J.A. (for the Court):
On this appeal the Appellant sought a reduction in the sentences imposed upon him by the trial judge following his conviction by a jury for (a) manslaughter and (b) aggravated assault. The sentences imposed were seven years imprisonment for manslaughter and four years, concurrent, for the aggravated assault. On the appeal the Crown sought an increase in the global sentence. After hearing and considering the excellent submissions of both counsel, we dismissed the appeal and denied the Crown's request for an increased sentence, and indicated that this memorandum of our decision would follow.
The Appellant's crimes occurred in the course of a fight between the Appellant and the two victims outside the Legion Hall premises in Iqaluit. The Appellant used a knife in the course of the fight. The first victim died from stab wounds, the second victim suffered a serious stab wound. All three had been drinking, and the fight occurred at bar closing time.
The Appellant submits that, in arriving at the sentence imposed, the trial judge erred, in particular:
a) he misinterpreted the factual basis upon which the jury reached its verdict;
b) he wrongly refused to take intoxication into consideration in the sentencing process;
c) he erroneously held that the Appellant was not remorseful for his actions, and
d) he imposed a sentence for manslaughter which was outside the range of sentences imposed in other manslaughter cases in this jurisdiction with similar circumstances.
We make no decision on these allegations of error. However, even assuming that it could be successfully argued that there were errors in principle enroute to the determination of the sentence imposed (a global sentence of seven years), we are all of the view that, in any event, the resulting sentence was not excessive. We have examined the fitness of the sentence and, taking into consideration all of the circumstances, we cannot find that it is unfit.
For these reasons, the appeal is dismissed and, similarly, the Crown's request for an increase in the sentence is denied.
DATED at YELLOWKNIFE, NWT,
this 26th day of April, AD. 1996
Richard, J.A.
I concur:
Lieberman, J.A.
I concur:
Irving, J.A.