Supreme Court

R. v. Vital, 2003 NWTSC 39
Date: 20030708
Docket: S-1-CR-2003000048

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:


HER MAJESTY THE QUEEN


- v -


JASON JAMES VITAL


Transcript of the Reasons for Sentence delivered by The Honourable Justice J.E. Richard, in Yellowknife, in the Northwest Territories, on the 26th day of June, A.D. 2003.


APPEAPANCES:

Mr. A. Fox:   Counsel for the Crown

Mr. G. Boyd:   Counsel for the Defence


Charge under s. 267(a) C.C.

Ban on Publication of Complainant/ Witness Pursuant to Section 486 of the Criminal Code


THE COURT:   This morning, the Court is once again faced with the responsibility of sending a healthy young man to jail because of a violent crime that he committed while intoxicated by alcohol.

Jason Vital is 28 years old, a Dogrib person from Rae Edzo. He has a grade 11 education and most recently was employed in the community Co-op store. I am told that he has been in a common-law relationship for five years and, with his common-law spouse, supports three children.

Mr. Vital admits to a long-time addiction to alcohol. He says that he has taken treatment programs in the past, but he says that on the date when he committed this crime of violence, he succumbed once again to his addiction. He also says that his alcohol addiction led to the incidents giving rise to each entry on his criminal record.

His criminal record is clearly an aggravating circumstance in the context of the Court's consideration of an appropriate sentence for his most recent crime. I will refer to four of the entries on his criminal record in particular.

Firstly, as a youth in 1990, he was convicted of assault with a weapon, contrary to section 267(1) (a) of the Criminal Code and was placed on probation for nine months.

In 1998, he was convicted of assault causing

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bodily harm, received a sentence of nine months' imprisonment, followed by 18 months of probation. I am told that the victim in that case was his mother.

In December 2000, he was convicted of possession of a weapon and mischief, received a sentence of 30 days' imprisonment. I am told that the circumstances there were that Mr. Vital slashed the tires of a police vehicle.

Finally, on June 5th, 2002, he was convicted of assault causing bodily harm and received a sentence of eight months' imprisonment. That was obviously just a year ago. By my rough calculation, he would have completed that last sentence in early February of this year.

On March 30th of this year, he was intoxicated and was visiting at his brother's house and got into an argument and a fight with his brother. Others were also present in the house, including the victim Dallas Drybones. After this argument or fight with his brother, Jason Vital went to his own home. A short time later, he returned to his brother's house, carrying an axe. In seeking to exact revenge on his brother Nathan, he first used the axe on the outside door of his brother's home. After he gained entry, his brother Nathan retreated to a bedroom and closed the door. The first person that Jason Vital encountered was a friend or acquaintance, Dallas

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Drybones, and he swung the axe at Dallas Drybones. Mr. Drybones attempted to evade the assault, but he was struck on the back by the axe. Mr. Drybones received a minor injury, depicted in the photographic exhibit, that did not require medical attention.

The offender, Jason Vital, then pursued his brother Nathan next, using the axe to slash at the door to the bedroom. Nathan and another individual escaped out a window and fled. The offender Jason Vital continued to pursue the other individual, but fortunately to no avail.

The police arrested Jason Vital within the hour. He was intoxicated at the time of his arrest. He has been in custody since his arrest, a period of some three months.

Eventually in Territorial Court, he waived a preliminary inquiry and was committed to stand trial in this court, where today he has entered a guilty plea to assaulting Dallas Drybones with an axe, contrary to section 267(a) of the Criminal Code. This offence carries a maximum penalty of ten years' imprisonment in a federal penitentiary.

As I listened to the recitation of the facts of this case, I could not help reflecting on a very similar case in this court a few years ago. It was a case arising from a different aboriginal community, but the facts were very similar. The outcome was more

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tragic. In that case, the angry, intoxicated offender was pursuing the victim, and the victim sought refuge in a bedroom behind a closed door. The offender used the weapon to slash at the victim through the door and, tragically, one of the blows reached the victim through the door and killed the victim. That offender of course was convicted of homicide and received a lengthy penitentiary term.

The offender before the court today, Jason Vital, says he realizes the seriousness of what he did and that the consequences could have very easily been more tragic for Dallas Drybones or his brother Nathan.

The overriding consideration in the sentencing of Jason Vital this morning is the protection of the community. He has a serious record of violence when he has access to alcohol. He is a danger to the members of his own family. When will his violence stop? Will it only stop when he kills someone, perhaps a member of his own family? What kind of example is Mr. Vital setting for the children that he is supporting? Will they grow up to be like Jason Vital, getting into the habit of abusing alcohol and becoming violent, beyond control, while intoxicated? Will Jason Vital continue to contribute to the cycle of violence?

These are some of the questions, Jason, that you should be asking yourself while you are serving your

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term of imprisonment. You have told me this morning that you have done a lot of thinking these past three months about yourself and about the life that you have been living. I suggest to you that you should continue that self-examination every day during your sentence and after you are released.

It appears from the letter that has been given to me from Chief Eddie Paul Rabesca, that you have support. You have support in your family and in your community, but it is you, Jason Vital, who has to decide if you are going to change your life.

I have considered the principles and the objectives of the sentencing process, and also the fact that Mr. Vital is an aboriginal person who is facing a period of incarceration. Because of Mr. Vital's record of previous violence, the seriousness of the present offence, and the need to protect the members of the community, it is my view that a sentence in the range of two to three years would be a fit sentence. That is the starting point, and it is not any less than that, in my respectful view.

However, in mitigation, we have Mr. Vital's early guilty plea, his recognition of the seriousness of what he did, and his remorse. Also, he has already served three months of pre-trial incarceration and that must be taken into account.

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Please stand now, Mr. Vital.

Jason Vital, for the crime that you have committed, assault with a weapon contrary to section 267(a) of the Criminal Code, it is the sentence of this Court that you serve a term of imprisonment of 18 months.

In addition, the term of imprisonment will be followed by a period of probation of 12 months. In addition to the statutory conditions for probation order, you will abstain from the consumption of alcohol during the period of probation, and also you will provide a sample of your breath to a police officer on request.

In addition, there will be the mandatory section 109 firearms prohibition order for a period of ten years.

In the circumstances, there will be no victim fine surcharge.

You may sit.

Anything further on this case, counsel?

MR. FOX:   No, sir.

MR. BOYD:   No, sir.

THE COURT:   Thank you, we'll close court.

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Certified to be a true and accurate transcript, pursuant to Rule 723 and 724 of the Supreme Court Rules of Court

Annette Wright, RPR, CSR(A)
Court Reporter

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