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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 Official Court Reporters 1 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 Official Court Reporters 2 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 Official Court Reporters 3 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. Official Court Reporters 4 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 .............................. 7 8 Certified to be a true and accurate transcript pursuant 9 to Rule 723 and 724 of the Supreme Court Rules of Court. 10 11 ______________________________ 12 Annette Wright, RPR, CSR(A) Court Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Official Court Reporters 5
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