s IN THE SUPRiJ^iE COURT OF THE NORTHV-EoT TERIUTORIES B f t v; e e n : HER MAJESTY THE -QUEEN,
- and -RITA ROSE, Appellant.
APPEAL FROM THE SENTEI^CE OF HIS WORSHIP JUSTICE OF THE PEACE F. HASEY DATED THE IITH DAY OF OCTOBER, 197^
Before THE KOKOURA.BLE MR. JUSTICE liORRO'.v, at the Supreme Court:-'̂ Sittings, held at the Court House, Yellowknife, Northwest Territories; on Monday, the 16th day of December, 197^. HIS LORDSHIP'S ORAL REASOI.S FOR JUDGrlElIT APPEARANCES: 0. J. T. TROY, Esq., Q.C, Counsel for the Crown. A. JORDAN, Esq., Counsei:for the Appellant. WSi.. I z ^
mmm^ i HIS LORDSHIP'S uRAL REASONS FOR JUDGIiEÎ T
Delivered at the conclusion of the hearing. HIS LORDSHIP: Stand up. Miss Rose. Now, Miss Rose, you have apparently responded very well to what the people are trying to do for you. Do you think you can keep out of trouble if I take a chance on you? Can you say something? THE APPELLANT: Yes. HIS LORDSHIP: Do you like Yellowknife? THE APPELLANT: Not very much. HIS LORDSHIP: Is it worse or better than Hay River? '̂aybe I shouldn't ask you that. ;• . ^ Do you think you can get by in Yellowknife for a while and not go back to Hay River? THE APPELLAl̂ T̂: Yes, sir. HIS LORDSHIP: All right, here is what I'm going to do. The Crovm Attorney, Mr. Troy, has been his usual fair self. You realize vjhat happened here is that you started out just as Mr. Troy has mentioned and Mr. Jordan has mentioned. You started out vjith a minor problem, but because you kept ignoring what the Court officials told you to do — you didn't turn up and things like that — you are novj subject to a more serious charge nov; from this very failure to do these things. And I hope you understand that, because at some point in time if you fail to keep up with what the Court does, whether it is r
^iagistrate or Justice of the Peace or a Judge, if you keep ignoring, eventually the Court says: "Put her in jai., get rid of her." Now,
''̂e don't like to do that to young people like you. You have a life ^ ^^ ^
/io 2. Oral Judgment - Morrow, T CI .
m oo CM
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Oral Judgaient - Morrow, J.
^^! live and you should be happy. So -..r.at I'::; goir.g to do is allow tne appeal and vary the sentence as fcllcws: There will be a suspended rjentence of five months. During that time you will be required to keep the peace, report to the Probation Officer every week or at such other times as he may direct. If it turns out that he only needs you evei-y other week, that's fine. But you will arrange that with Mr. harier. You will stay out of Hay River during this five-month period. Now, do you think you can keep up with uhese promises? THE ..PPELLAIN'T: Yes. ^ HIS LORDSHIP: All right. ^^ Is that all this afternoon? All right, sit dov/n. MR. TROY: My Lord, the other three probation orders, I have asrced that they be transferred. HIS LORDSHIP: Well, I don't have to say anything about that. MR. TROY: No. I trust that when this probation order is signed this young lady would realize that if she disobeys the probation order she can be brought back into Court. HIS LOIfflSHIP: Well, you understand. Miss Rose, that you are going to be allowed to go free in Yellov.Knife or any other place but Hay River and if you keep out of troube and keep in touch with lir. Marier you have no trouble, but if you don't keep out of trouble • that five months you can be brought back before the Court like you were before. Now, do you understand that? z