Supreme Court

R. v. Patry, 2002 NWTSC 22
Date: 20020314
Docket: S-1-CR2002/007

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:


HER MAJESTY THE QUEEN


- v -


LOUIS PATRY


Transcript of the oral Reasons for Sentence of The Honourable Justice J.Z. Vertes, sitting in Yellowknife, in the Northwest Territories, on the 7th day of March, A.D. 2002.


APPEARANCES:

Ms. S. Kendall:   Counsel for the Crown

Mr. R. Gorin:   Counsel for the Defence


THE COURT:   All right, thank you.

Well, I think Mr. Patry certainly summed it up, he took advantage, I agree. I'm sure he looks back on it as a pretty stupid thing to do, and I'm sure he wouldn't have done it if he hadn't been drinking to some extent and if he perhaps wasn't in the company of his buddy and perhaps if this whole atmosphere in the cab hadn't escalated after the cab driver asked him to get rid of the beer bottle, because that's really what started it, from what I understand, is the facts that Mr. Patry and Mr. Bilodeau called for a cab, Mr. Patry had a beer, the cab driver asked him to get rid of it, he started arguing about that, somehow that escalated into an altercation, somehow the cab driver ended up outside of the cab.

Now, perhaps Mr. Patry was not participating in the altercation, and I'm prepared to accept that he was not in the actual physical altercation, but he took advantage of that, as he said, and stole the wallet containing a sizeable amount of money and he kept it and took off right away.

I can't ignore the fact that there was an atmosphere of violence. Mr. Gorin says that there is only one perhaps related conviction on Mr. Patry's record, but there are numerous convictions for assault, for crimes of violence, and I think -- in my view, I think the record is related. That was the

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atmosphere of this entire incident. One of violence, even though Mr. Patry, himself, may not have directly participated in any physical altercation.

I take into account the guilty plea and, as I said during submissions, perhaps the mitigating effect of the guilty plea offsets the aggravating effect of his having taken off and leaving the jurisdiction right away, but I always consider a guilty plea to be of significant force. I think even if not overtly expressed, it is an indication that someone is willing to take responsibility so I give credit for that.

I certainly can not ignore this criminal record. Mr. Patry is 26 years old and he has an education. He has job prospects, but yet there seems to be a pattern over the last seven years or so of convictions for assault and drug-related offences and it's certainly significant to me that just three days prior to this incident he was released from jail on another conviction, if I read this record correctly, as time served. If nothing else, at least it indicates a pattern of behavior.

Crown counsel suggests that I impose a fairly lengthy period of incarceration. She recommends a sentence in the high territorial range which could be up to two years less a day. She submits that emphasis should be given to general deterrence, that

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taxi drivers are in a vulnerable situation and they need to be protected and I agree.

I think having regard to the overall circumstances of this offence, having regard to the accused's record, and even taking into account the mitigating effect of the guilty plea, I think this case warrants a further period of incarceration. I think the principles of general deterrence and generally the principles of sentencing do not warrant the imposition of anything else such as a conditional sentence or otherwise.

Stand up, Mr. Patry. Mr. Patry, I think you understand what you did and I think you understand my comments. I don't need to lecture you, you're an adult. You're obviously educated, it seems to me you know your way around and you know what you have to do to avoid coming back here. So I hope you can do it.

In my opinion, an appropriate sentence in this case would have been 12 months imprisonment. I will give credit for the pretrial custody. As Mr. Gorin suggests, I will give him credit of two to one, that's five months; accordingly, the balance is seven months and that is my sentence.

In addition, I will put Mr. Patry on probation for a period of one year from the date of his release. Mr. Patry, the terms and conditions of that probation will be that you are to keep the peace and

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be of good behavior. You are to report to the Court if and when required to do so. You are to report to a probation officer and report when and as required by your probation officer, and you are to make restitution in the sum of $1,800 to the complainant and the name of the complainant can be inserted into the formal probation order. Do you understand those terms and conditions, sir?

THE ACCUSED:  Yes.

THE COURT:   Anything else, counsel, that I have missed?

MS. KENDALL:  No, Sir.

MR. GORIN:   No, Sir.

THE COURT:   You may have a seat, Mr. Patry. Under the circumstances, there will be no victim of crime fine surcharge. Anything else, Mr. Gorin?

MR. CORIN:   No, Sir.

THE COURT:   All right. Thank you, counsel.

MS. KENDALL:  Thank you.


Certified pursuant to Practice Direction #20 dated December 28, 1987.

Sandra Burns R.P.R, C.R.R.
Court Reporter

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