IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES (Before His Lordship, The Honourable Mr. Justice W. G. Morrov;)
IN THE MATTER OF; HER MAJESTY THE QUEEN, Respondent, vs PAT ETAKANA ANABLAK, Appellant.
PROCEEDINGS AT APPEAL A transcript of a Proceedings at Appeal, held at Yellowknife in the Northwest Territories on the 25th day of October, A.D. 1974. Appearances: W. Corbett, Esq., appearing on behalf of the Crovm. A. Jordan, Esq., appearing on behalf of the Defence, 1̂̂ ^^
m - 1 a 1 THE COURT: Stand up, Mr. Anablak. Mr. Anablak, I have said 2 it many times, being drunk is no excuse. Now, whether 3 it is a policeman or anyone elses house, it is a very 4 serious thing to start firing high pov;ered rifles, or 5 any kind of v/eapon, through windows, even if you don't 5 see, or don't take the care to see whether there is 7 anyone in there, and the Government of Canada has made 8 provision in this particular Section that had you been 9 charged in a different manner, so as to bring it before XO the High Court, the sentence could have been as high as 11 two years, plus I believe another possible probation of J.2 two or three years. We have got to, as much as possible, 13 discourage this type of behaviour, and that is why the ri 14 law is the way it is. Now, in this case the Justice of 15 the Peace in your community saw fit to sentence you to 16 six months plus a two hundred dollar fine, with two months 17 further jail if you didn't pay it. Now, I don't think that 18 his sentence under the circumstances here, particularly 19 where it was a policeman's house, a man who is obliged 20 to carry out his duties to look after people, I don't think 21 that that sentence normally is excessive. However, you, ^2 according to all the information, have an exceptionally ,, 23 good record in the community. You have kept out of trouble : 24 to date, you are a young man with a family, so I am 25 reluctant to see you go to jail for that period, and I 26 hope that you have learned your lesson and won't do that 27 again, so I am going to allow the appeal in part, but I
^ l^f-l -2-I want you to realize that it is a close one. 2] In this case your sentence will be reduced to four 3 months imprisonment, and a six month probation period, 4 the conditions of v;hich will be that you must keep the 5 peace and be of good behaviour. You must not indulge in 6 the excessive use of alcohol. That means you don't get 7 drunk, and you will be required to repair the v/indow at 8 some time before the fifth month of your probation, 9 unless you are unable to get employment. Is that clear? 10 THE ACCUSED: Yes, Your Honour. II THE COURT: Otherwise you will have five months after you get 12 out of jail to get work and pay for the repair of that 13 window. Now, I would suggest that you pay a little bit 14 every month as you get paid. Is there anything that I 15 haven't covered? 16 MR. JORDAN: Does the fine stay in place? 17 THE COURT: This is the new sentence. The fine is gone, so 18 there will be a direction to refund the fine to the 19 accused. If he is v/ise he v;ill use the fine and turn it 20 over to — towards the cost of the window. 21 MR. JORDA!̂ ?: Very good. ^^ MR. CORBETT: Sir, the probation clearly to take effect on 23 release from custody. - ~ 24 THE COURT: Yes, on release, and he is to report monthly to 25 the R.C.M.P. or if there is a social development officer 26 doing probation work there, to that person at a time and 27 place to be arranged. Is that clear? In other words as ^
1 soon as you get back ask the people here in Yellov;knife 2 at the Correctional Institute v;ho to contact. 3 THE ACCUSED: Yes. 4 THE COURT: Alright. 6 (CONCLUDED) 6 7 I hereby certify the foregoing to be a true and accurate transcript 8 of the proceedings herein. 9 10 11 Robert L. Wilson - Court .Reporter 12 13 X4 15 16
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