Supreme Court

R. v. Sunrise, 2002 NWTSC 45
Date: 20020627
Docket: S-1-CR2002/031

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:


HER MAJESTY THE QUEEN


- vs. -


BARRY SUNRISE


Transcript of the Oral Reasons for Sentence by The Honourable Justice J.Z. Vertes, at Hay River in the Northwest Territories, on June 10th A.D., 2002.


APPEARANCES:

Mr. D. Claxton:   Counsel for the Crown

Mr. S. Shabala:   Counsel for the Accused


Charge under s. 271 Criminal Code of Canada


THE COURT:   Barry Sunrise has entered a plea of guilty to a charge of sexual assault. The circumstances are fairly straightforward.

On May 13th, 2001, the complainant was visiting at the home of the accused's brother and his spouse. The accused was not there. Early in the morning the complainant fell asleep. Later in the morning, however, the complainant awoke to find the accused on top of her moving around. Both her and his pants were down but intercourse is not alleged. The complainant managed to throw the accused off and he was thrown out of the house by the other occupants. It is conceded that the accused was intoxicated at the time.

Crown counsel has stated that the objectives of deterrence and denunciation are paramount in this case. Certainly any violation of a person's bodily integrity through assaultive behaviour requires serious sanctions.

In this particular case, Crown and defence counsel have essentially joined in a submission that an appropriate sentence would be in the range of 9 to 12 months. I think counsel are also agreed that this would not be an appropriate case for consideration of anything but a period of actual incarceration considering the circumstances of the offence and, in particular, the circumstances of

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this offender.

I agree and, indeed, a period of incarceration, in my opinion, is required to satisfy all of the principles of sentencing.

The offender is 32 years of age. I am told that he is single but he is the father of a child.

Significantly, he has a lengthy criminal record. I counted 30 convictions between 1988 and 2001. At least six of those convictions were for assault.

This offence, for which he is being sentenced today, occurred on May 13th, 2001. His latest conviction came on December 17th, 2001 when he was sentenced for three offences related to breaches of his release conditions. That sentence was for a total of six and a half months. I am told that he would have been released in late April and therefore there is somewhat less than two months in pre-trial custody. But the record shows, and the most recent convictions also show, that the offender would not be a suitable candidate for a non-incarceration disposition.

In my opinion and it is obvious, as his counsel has said, that the accused does have some serious problems to deal with.

I am told that his convictions were primarily related to his abuse of alcohol. It is certainly to

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be hoped that the accused will take the opportunity, both during the period of incarceration and afterwards, to try and come to grips with it and also to enlarge and improve his education and training skills.

Mr. Sunrise, you are 32 years old and it seems to me that it is time that you started to take stock of your life and started to try and determine what you need to do to pull yourself up.

Stand up, sir.

In my opinion, the recommended sentence from Crown counsel indeed is a fair and generous one and, indeed, under the circumstances, the sentence that I am about to impose is really the minimum for this offence that I feel justified.

I sentence you to serve a term of imprisonment of 12 months.

In addition, I will place you on probation for one year from the date of your release. The conditions of your probation are that you are to keep the peace and be of good behaviour. You are to report to a probation officer and continue to report as and when required. You are to attend all counselling and any other treatment programs that may be recommended for you by your probation officer. Do you understand that, sir?

THE ACCUSED:  (Nods in the affirmative).

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THE COURT:   I hope that you will work with your probation officer and perhaps that will help you get a grip on what you need to do to start leading a productive life.

Furthermore, as requested by the Crown, and indeed I see no discretion in the Criminal Code for this, I will issue an order pursuant to Section 487.051 of the Criminal Code directing that a bodily sample be taken for forensic DNA analysis, and I have signed the order, Mr. Claxton.

Furthermore, I also order pursuant to Section 109 of the Criminal Code that you be prohibited from possessing any firearm or ammunition for a period off not less than ten years from the date of your release from prison. I will however make that subject to the proviso that you may apply under Section 113 of the Criminal Code for an authorization to possess and use firearms for sustenance purposes.

So, Mr. Sunrise, you are under a firearm prohibition order but you can, if you are going out on hunting trips, that sort of thing, apply for an exemption from that prohibition order; do you understand?

THE ACCUSED:  (Nods in the affirmative)

THE COURT:   You may have a seat.

Under the circumstances, I will waive the

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Victims of Crime fine surcharge.

Is there anything else, anything that I have neglected?

MR. CLAXTON:  Not from the Crown.

THE COURT:   Mr. Shabala?

MR. SHABALA:  Nothing further, Your Honour.

THE COURT:   Then thank you for your submissions, gentlemen, we are adjourned until 9:30 tomorrow morning.


(AT WHICH TIME THE ORAL REASONS FOR SENTENCE CONCLUDED)

Certified pursuant to Rule 723 of the Supreme Court Rules.

Lois Hewitt,
Court Reporter

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