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Abstract: Transcript of the Reasons for Sentence

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              R. v. Memogana, 2007 NWTSC 25          S-1-CR-2006-000029

                IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

                IN THE MATTER OF:





                                 HER MAJESTY THE QUEEN



                                         - v -



                                    LESLIE MEMOGANA









              Transcript of the Reasons for Sentence delivered by The

              Honourable Justice J.E. Richard, in Yellowknife, in the

              Northwest Territories, on the 27th day of March, 2007.







              APPEARANCES:

              Ms. S. Tkatch:          Counsel on behalf of the Crown

              Ms. K. Payne:           Counsel on behalf of the Accused

                       -------------------------------------

                               Charge under s. 271 C.C.

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





         1      THE COURT:             It is now the Court's

         2          responsibility to impose sentence on Leslie

         3          Memogana for a serious crime that he committed in

         4          June 2005 at Inuvik.  His crime was the sexual

         5          assault of a female friend whom he had invited to

         6          his residence and at a time when both were

         7          drinking and possibly intoxicated.

         8               When he was charged, he elected to be tried

         9          by judge and jury.  In April 2006 he was

        10          committed for trial by a jury in this court.  His

        11          jury trial was scheduled for November 2006 in

        12          Inuvik, however Mr. Memogana did not show up.  He

        13          forfeited his right to a jury trial and was held

        14          in custody until his trial by Supreme Court

        15          judge.

        16               At his trial, the victim gave evidence of

        17          forcible sexual intercourse accompanied by

        18          physical violence.  This was a major sexual

        19          assault.

        20               The offender is a 35-year-old Inuvialuit man

        21          who is originally from Ulukhaktok.  I am told

        22          that he grew up on the land outside that

        23          community and that to this day, he still

        24          participates in hunting and fishing activities in

        25          the traditional way for sustenance purposes for

        26          himself, his family, and extended family.  He has

        27          a Grade 9 formal education and has some






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         1          employment history in the construction field and

         2          also working with the annual reindeer harvest.

         3               Mr. Memogana has a lengthy criminal record

         4          which includes both property offences and crimes

         5          of violence.  He was convicted of sexual assault

         6          some ten years ago and received a sentence of

         7          three years' imprisonment.  In the past six years

         8          he has been convicted on four separate occasions

         9          for crimes of violence and sentenced to jail.

        10               Mr. Memogana, through his counsel, admits

        11          that he has a history of substance abuse,

        12          particularly with alcohol and marihuana.

        13               I found Mr. Memogana's trial testimony to be

        14          unreliable and it may be that he is not, or was

        15          not, fully aware of the violence that he

        16          perpetrated on the victim on that night.

        17               On this sentencing hearing, he now expresses

        18          what I accept to be genuine remorse for what he

        19          did to this victim and he apologizes and states

        20          that he now takes full responsibility for what he

        21          did.

        22               One of the main purposes of the sentencing

        23          process is to provide for a safe and peaceful

        24          society, and the objectives of denunciation and

        25          deterrence are important in achieving that

        26          purpose.  Accordingly, the sentence that is

        27          imposed in a case like this must take into






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         1          consideration those important objectives of

         2          denunciation and deterrence.  This is

         3          particularly so in this jurisdiction because of

         4          the prevalence of this very crime.  As has been

         5          stated many times by the Court, the rate of this

         6          crime in the Northwest Territories is many times

         7          the national average.

         8               This was a serious crime committed by

         9          Mr. Memogana and the sentence has to reflect

        10          that.

        11               There are no mitigating circumstances.

        12               Having regard to the submissions of counsel

        13          and previous sentencing decisions of this court,

        14          some of which were referred to by counsel, I find

        15          that an appropriate sentence in this case is four

        16          years' imprisonment; however I will give

        17          Mr. Memogana six months' credit for the time that

        18          he has been in custody since last November

        19          awaiting his trial.

        20               Please stand now, Mr. Memogana.

        21               Leslie Memogana, for the crime that you have

        22          committed - sexual assault contrary to section

        23          271 of the Criminal Code - it is the sentence of

        24          this Court that you be imprisoned for a period of

        25          three-and-a-half years.

        26               In addition, there will be the mandatory

        27          firearms prohibition order pursuant to section






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         1          109 of the Criminal Code for a period of ten

         2          years.  However, I further order under section

         3          113 of the Criminal Code that a firearms officer

         4          may issue an authorization to Mr. Memogana to use

         5          firearms for sustenance purposes.

         6               Finally, an order will issue as sought by

         7          the Crown requiring Mr. Memogana to comply with

         8          the SOIRA Act for a period of 20 years.

         9               In the circumstances there will be no victim

        10          fine surcharge.

        11               You may be seated.

        12      MS. PAYNE:             And, sir, could I also make a

        13          request that you make a recommendation that he be

        14          permitted, subject to the correction -- the

        15          decision of Corrections Canada, that he be

        16          permitted to spend his sentence in a northern

        17          institution.

        18      THE COURT:             Does Crown have any

        19          submissions on that point?

        20      MS. TKATCH:            No, Your Honour.

        21      THE COURT:             Fine, I'm satisfied that that

        22          would be appropriate in the case of this

        23          offender.

        24               The warrant of committal will be endorsed

        25          with the court's recommendation that Mr. Memogana

        26          be given consideration to serve his sentence in a

        27          facility in the Northwest Territories.






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         1               Anything further on this case from counsel?

         2      MS. TKATCH:            No, Your Honour, thank you.

         3      MS. PAYNE:             No, thank you, sir.

         4      THE COURT:             We'll close court.

         5               Good luck to you, Mr. Memogana.

         6                ..............................

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         8                             Certified to be a true and
                                       accurate transcript pursuant
         9                             to Rule 723 and 724 of the
                                       Supreme Court Rules of Court.
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        12                             Annette Wright, RPR, CSR(A)
                                       Court Reporter
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