Supreme Court

R. v. Pangon, 2005 NWTSC 57
Date: 20050721
Docket: S-1-CR-2005000020

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:


HER MAJESTY THE QUEEN


- and -


TREVOR PANGON


Transcript of the Oral Reasons for Sentence by the Honourable Justice J.E. Richard, sitting at Yellowknife, in the Northwest Territories, on June 17th, A.D. 2005.


APPEARANCES:

Ms. L. Colton:   Counsel for the Crown

Ms. M. Engley:   Counsel for the Accused


(Charge under s. 348(1) (b) Criminal Code)


THE COURT:   Trevor Pangon is before the Court today to be sentenced for his latest crime of domestic violence. He is a 31-year-old man with an egregious criminal record, and a great deal of that record shows a history of domestic violence, that is, violence towards women with whom he has had a relationship.

His present offence was committed at a time when he was intoxicated from alcohol consumption, and he says that he has no memory of the event. It should be obvious to Mr. Pangon at the age of 31 years that he is a person who should not consume alcohol.

Perhaps more importantly, it should be obvious to him, a man of 31 years of age, that he has a serious problem, possibly an illness, regarding his attitude or behaviour towards women. It should be obvious to him that he needs to get help, some extensive counselling and treatment to understand his problem.

His lawyer says that he has been doing some self-reflection while awaiting his day in court for this latest offence. Mr. Pangon himself says to the Court that he wishes he could go back and undo what he did on February 15th of this year. These are wonderful words, commendable intentions, but it is up to Mr. Pangon and only

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Mr. Pangon to, in fact, do something about changing his life, and the first step is to recognize, Mr. Pangon, that you have a problem and to seek help.

The victim of the present offence is a woman who had had a relationship with Mr. Pangon for about eight months, but the relationship had ended one or two months prior to February 15th. The victim was asleep in her home here in Yellowknife with her four-year-old son. At 1 a.m. the offender unlawfully entered her home through a window. He accosted the victim, yelling and swearing at her, pushed her onto a chair and confined her there.

She was eventually able to get to the front door and leave her residence carrying her four-year-old. The offender pursued her, hauled her and her son to the ground. The victim was able to escape and walked to a gas station and phoned the RCMP. The police found the offender hiding in the victim's residence and arrested him. He has been in custody since the date of his arrest, that is, on February 15th.

In her victim impact statement the victim describes not only the fright and trauma that she experienced during this event, but also describes how she continues to be scared; scared that he

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will come around her home again, scared that he will come near her or her son, scared to go home at night, scared to go to sleep at night even in her locked residence.

This offender is an Inuk from Kugluktuk who will turn 32 years of age next month. He has a grade eight education equivalent and has had sporadic employment through his adult life as a driller's helper and as a labourer. He has been regularly before the courts of this jurisdiction and of Nunavut during the past 14 or 15 years and he has been sentenced to incarceration on at least 14 prior occasions.

I will just make reference to some of the entries on his criminal record. In 1994 he was convicted of three counts of spousal assault and sentenced to 12 months' imprisonment. In 1995 he was convicted for spousal assault and sentenced to nine months' imprisonment. In 1996 he was convicted of spousal assault and sentenced to 12 months' imprisonment. In 1999 he was convicted of spousal assault and sentenced to four months' imprisonment. In January, 2002 he was convicted of spousal assault and sentenced to 18 months' imprisonment; and in September, 2003 he was convicted of spousal assault and sentenced to four months' imprisonment. On the same date he

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was also convicted for uttering threats and given an 18-month conditional sentence consecutive to the four-month jail term. He was still serving the sentence imposed on him in September, 2003 when he committed the present offence in February of this year. This is an aggravating circumstance, as is his lengthy record of domestic violence.

In the determination of an appropriate sentence in this case, the overriding objective is clearly the protection of the public.

The crime committed by Trevor Pangon, break and enter into a residence and committing an indictable offence, carries a maximum sentence of life imprisonment. It is considered by our society to be a very serious matter.

In mitigation of sentence, I take into account that Mr. Pangon waived his right to a Preliminary Inquiry and has pleaded guilty to this charge. I also take into account the fact that Mr. Pangon has been in custody awaiting disposition of this charge for four months. I give him credit for that remand time even though that time also counted towards the completion of the conditional sentence imposed on him in September, 2003.

After taking into consideration all of the

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circumstances, however, in my view a substantial period of incarceration is necessary because of the repetitive nature of Mr. Pangon's violent behaviour towards women, in particular, and for the protection of the public generally. Mr. Pangon is fortunate that the Crown is not seeking more than two years' imprisonment.

Please stand, Mr. Pangon. Trevor Pangon, for the crime that you have committed, break enter and commit assault contrary to section 348(1) (b) of the Criminal Code, it is the sentence of this Court that you serve a term of imprisonment of two years less one day.

In addition, I direct that for a period of two years following your release that you comply with the following conditions in a probation order: Keep the peace and be of good behaviour; appear before this Court when you are required to do so. You are to notify your probation officer at all times of your current address, current employment and any intention to make a change in your address or employment. You are to have no direct or indirect contact or communication with Sheena Kapolak.

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

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You may sit. Anything else in this case, counsel?

MS. COLTON:   No, Your Honour. Thank you.

MS. ENGLEY:   No, Your Honour.

THE COURT:   Fine. We will close court.


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

Jill MacDonald, CSR(A), RPR
Court Reporter

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