Supreme Court
Decision Information
Summary: Accused convicted of uttering threat, assault and unlawful confinement of his spouse. Three events occurred on two separate occasions, but were only within weeks of each other. The complainant had concerns about her and the accused's relationship, so she unilaterally decided to send their child back to Inuvik where she had family members. The accused became upset and angry about this, and threatened the complainant. A couple of weeks later an argument between the accused and complainant escalated into an assault in which the complainant suffered bruising on her neck and during which the accused restrained free movement of her. Court found that accused is 41 years of age, mature, highly accomplished, and had sought counseling on his own. While this behavior may have been out of character for the accused, the court felt it was becoming repetitive in the accused and indicative of a pattern of control or oppression. The court found the overriding principle in domestic-related acts of violence to be general deterrence, so others know they cannot resort to violence within a domestic situation to solve any problem.
Decision: Sentence determined - 90 days total to be served intermittently along with probation for the term of the sentence (Uttering a treat: 30 days imprisonment ; Unlawful confinement: 20 days consecutive ; Assault: 30 days consecutive)
Subjects: Criminal law - Assault
Criminal law - Threats and intimidation
Criminal law - Kidnapping and related offences - Forcible confinement or seizure
Criminal law - Sentencing - Principles - General deterrence