iiiiiRW««n< U it--/!^ / ^^^^m^wm •m SC az. -14 oi§ IN THE S b i l ^ l : : . COURT UF Ti;I. I.Qr-.TH.-.uST T I ^ R R I T O R I E S B e t w e e n : Hii,Jn. MAJESTY THE v̂ UEx̂ ., upoii the information of T. v̂. Ralph, cworn the 7th day of Noverncer, 1974,
Respondent,
- and -
MOISE BEAULIEU,
APPEALS FROM THE SENTENGx^S OF HIS WORSHIP JUSTICE OF THE PEACE D. DAl.'ivS
DATED THE 7TH DAY OF i.OVEiiBER, 1 9 7 ^ V s • — B e f o r e THE HONOURABLE MR. JUSTICE MORROV;, a t t h e Supreme C o u r t S i t t i n g s , h e l d a t t h e C o u r t H o u s e , Y e l l o w k n i f e , N o r t h w e s t T e i - r i t o r i e s ; on T u e s d a y , t h e 17 t h of December , 1 9 7 ^ . HIS LORDSHIP'S OR/X REASONS FOR JUDGMENT APPEAR/u'JCES: 0 . J . T . TROY, E s q . , ^.0., C o u n s e l f o r t h e Crown. J. E. RICHARD, Esq., Counsel for the Appellant, ^^ ^
Appellant.
mm li-f Oral Judgment - Morrow, J. HIS x^ORDSHlP'S Oit>'.L REi-.SOr.J 'i<^\^. JuDGMr^NT Lielivered at the conclusion of the hearing. HIS LORDSHIP: Stand up, Mi'. Beaulieu. I don'like to see young people come before the Court for the first time, even when it's an appeal. You look like a smart-looking young man that should be able to do better tnan this. You have at least pled guilty, which showed some indication that you may be on the way to rehabilitating yourself. 1 hope so. You have been very foolish. Now, I agree with the principle of deterrence for this type of offence, par-cicularly at this time of year in a community like Inuvik, because the citizens have to leave their vehicles r'onning. f" ' fact it could even be a matter of life and death if a vehicle vTasii't able to start and an emergency came up. So we have to take into consideration local conditions. However, I do, while looking at these cases, think that the Justice of the Peace did err in principle in making a series of consecutive sentences, the effect of which was to exceed his total jurisdiction under a summary conviction matter. Accordingly, because of that, I am allowing the appeal in part. I will substitute a sentence of three months on the first count, time served to be allowed for, and on each of the remaining three there will be three months, all to be concurrent. •. Is that fair enough, Mr. Troy? 1̂ MR. TROY: Yes, My Lord. 9 iilS LORDSHIP: Now, l e t ' s hope you've l ea rned your l esson and tha t you won' t be back. in o in HIS LORDSHIP: I s t h a t everyth ing then? \-$ Z ^
7(B> 5. Oral Judgment - Morrow, J
^ ^J MR. TROY: Yes, .sii-. I v;ill be leaving town tomorrow, and if Mr. Ri chare prepares an order 1 will bt t-,^ad to sign it. MR. KiCHARD: Irj Lord, the three months on the first count includes the time in custody? HIS LORDSHIP: Yes,sir. Well, you can put right in the order the period from the 7th of November, to the 5th of December to count. Now, you would be bettei- noo to ask that question. MR. RICHARD: No, sir, I v̂ ould be afraid that they might not count all of that time because of this warrant that was executed on the 12Lh of Noveiaber. HIS LORDSHIP: Well, let us make it clear, Mr. Troy, let's ut it in the order that the time served from the 7th of November to today's date to couiit. MR. RICHARD: To today's date, sir? HIS LORDSHIP: Yes. Nov;, I think that's giving him a break. But I don't think v.'e should fiddle around v;iuh it. MR. TROY: You v.'ould have to be almost a mathematical k̂ enius to figure it out. HIS LOPLDSHIP: Well, if you put it in the order, I would think, Mr. Richard, that v;ould straighten it out.
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