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Abstract: Transcript of the Reasons for Sentence
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R. v. Beaulieu, 2007 NWTSC 18 S-1-CR2006000066 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - vs. - GERALD STEPHEN BEAULIEU _________________________________________________________ Transcript of the Reasons for Sentence of The Honourable Justice V.A. Schuler, at Yellowknife in the Northwest Territories, on February 26th A.D., 2007. _________________________________________________________ APPEARANCES: Mr. S. Hinkley: Counsel for the Crown Ms. K. Payne: Counsel for the Accused ---------------------------------------- Charge under s. 271 (x2) Criminal Code of Canada Publication ban on the identity of the complainant pursuant to s. 486 of the Criminal Code Official Court Reporters 1 THE COURT: Gerald Stephen Beaulieu has 2 been convicted of two sexual assaults, both 3 against the same 13-year-old girl. 4 In the first instance, after going to her 5 home he got on top of her after taking his pants 6 off and telling her to take off hers and from the 7 description she gave, it seems that he simulated 8 intercourse. There was no evidence of 9 penetration. 10 In the second incident, he called the same 11 young girl and a young friend of hers to come to 12 his place for hamburgers and then entered the 13 washroom while she was in there and put his hand 14 down her pants and between her legs, moving his 15 hand up and down. There was no evidence of 16 digital penetration. 17 Mr. Beaulieu continues to deny any 18 responsibility for the offences. He does not get 19 the mitigating benefit of remorse. He is not to 20 be punished any more severely for having stood on 21 his right to a trial. It is troubling that he 22 claims not even to know why he is here and he 23 clearly does not accept either the Court's 24 verdict or what the complainant testified at 25 trial, but I am not going to punish him any more 26 severely for that. 27 Any sexual assault against a child is Official Court Reporters 1 1 serious. Although here there was no violence 2 beyond the assaults themselves, there are some 3 aggravating features in this case. 4 The first assault was in the child's own 5 home where she was entitled to feel safe. 6 Although this is not a true breach of trust case, 7 Mr. Beaulieu is the adult, she is the child, and 8 he had a responsibility not to harm her. 9 It is also aggravating that he assaulted her 10 a second time after luring her and her friend to 11 his home with the prospect of food. 12 I do take into account that he has spent 13 approximately 11 months in remand on these 14 charges and I will credit that by a factor of 15 two. 16 Mr. Beaulieu is a 47-year-old man with a 17 difficult background and many problems, including 18 alcohol. He has a record spanning 30 years 19 although very little of it is for crimes of 20 violence. The sentences imposed in recent years 21 were not lengthy ones. However, he has 22 continually come into conflict with the law and 23 has been continually unwilling or unable to 24 comply with probation and other Court orders so 25 that does not bode well for his future. He has 26 not been convicted of any other sexual offence. 27 I am concerned about the reference to his Official Court Reporters 2 1 undiagnosed learning disability and undiagnosed 2 possible Fetal Alcohol Spectrum Disorder. 3 However, without assessments by professionals, 4 there is really nothing that I can do to tailor a 5 sentence in a way that might address some of his 6 problems. 7 I do take into account that he is uneducated 8 and unsophisticated, and that was apparent when 9 he testified at the trial. I also take into 10 account that he is aboriginal. None of that, 11 however, detracts from the need to impose a 12 sentence that is significant and that will 13 indicate to others and to Mr. Beaulieu himself 14 that sexual abuse of children will meet with 15 severe consequences. 16 There is no Victim Impact Statement in this 17 case. However, the effects of sexual abuse on 18 children and the long-lasting effects that are 19 generally experienced and that the Court 20 generally hears about are well-known and in this 21 case as well, I also note from what Mr. Beaulieu 22 said to Corporal Sheppard about his own 23 background that Mr. Beaulieu has some 24 appreciation of the effects of sexual abuse on 25 children and would know that what he was doing 26 was going to be harmful to the young victim. 27 I have reviewed the cases that have been Official Court Reporters 3 1 submitted. 2 Taking everything into account, including 3 Mr. Beaulieu's particular circumstances and 4 including the offences as they were described in 5 the complainant's evidence, in my view the 6 appropriate sentence in this case would be on 7 Count 1, two years' imprisonment; and on Count 2, 8 one year consecutive. I am going to give credit 9 of 22 months for the remand time so in the end 10 result, the sentence will one of 14 months having 11 taken that into account. 12 I will direct the clerk to endorse the 13 warrant with the Court's recommendation that 14 Mr. Beaulieu serve his time in the Northwest 15 Territories. 16 There will be a DNA order in the usual 17 terms. There will be a firearm prohibition order 18 commencing today and expiring ten years from his 19 release from imprisonment. There will also be an 20 order under the Sex Offender Information 21 Registration Act that Mr. Beaulieu register and 22 that he report for a period of 20 years. In the 23 circumstances, there will be no Victim Fine 24 surcharge. 25 Now, is there anything unclear about what I 26 have said? 27 MR. HINKLEY: No, Your Honour, and I do in Official Court Reporters 4 1 fact have a draft DNA order executed by Ms. Payne 2 which I will file with the clerk in due course. 3 THE COURT: I would ask that you provide 4 that to the clerk today then so that it can be 5 filed. 6 MR. HINKLEY: Yes, Your Honour. 7 MS. PAYNE: Thank you, Your Honour. 8 THE COURT: That's fine, then, thank you, 9 counsel. 10 ------------------------------------ 11 12 13 Certified to be a true and accurate transcript pursuant 14 to Rules 723 and 724 of the Supreme Court Rules, 15 16 17 18 ____________________________ 19 Lois Hewitt, CSR(A), RPR, CRR Court Reporter 20 21 22 23 24 25 26 27 Official Court Reporters 5
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