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Abstract: Transcript of the Reasons for Sentence

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             R. v. Rayworth 2008 NWTSC 43



                                                S-1-CR2008000050

             IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES



             IN THE MATTER OF:





                             HER MAJESTY THE QUEEN





                                  - vs. -





                          CHRISTOPHER WARD RAYWORTH



             _________________________________________________________

             Transcript of the Reasons for Sentence by The Honourable

             Justice J.E. Richard, at Yellowknife in the Northwest

             Territories, on June 3rd A.D., 2008.

             _________________________________________________________

             APPEARANCES:



             Ms. S. Aitken:                     Counsel for the Crown

             Mr. T. Boyd:                       Counsel for the Accused

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

                Charge under s. 348(1)(a) Criminal Code of Canada
             Charge under s. 5(1) Controlled Drugs and Substances Act




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         1      THE COURT:             This 23-year-old offender has

         2          pleaded guilty to the two counts in the

         3          Indictment on court file CR 2008/050, that is

         4          Count number 1, breaking and entering a dwelling

         5          house here in Yellowknife with the intent to

         6          commit an indictable offence; and Count number 2,

         7          trafficking in a substance represented to be

         8          cocaine contrary to Section 5 of the Controlled

         9          Drugs and Substances Act.  Both of these offences

        10          occurred on January 3rd, 2008.  The circumstances

        11          of these offences are set out in an Agreed

        12          Statement of Facts as Exhibit S-1.

        13               This offender and two other criminals went

        14          to a residence in Yellowknife where they sold a

        15          substance held out to be cocaine to an

        16          individual.  The purchaser gave this offender a

        17          $50 bill for the cocaine and the offender and his

        18          cohorts drove away.  This offender then realized

        19          that he had been given a fake $50 bill.  The

        20          offender and his cohorts returned to the

        21          residence, and this was about 11:30 at night.

        22          One of the offender's colleagues had a tire iron

        23          as they walked up to the door of the residence.

        24          They kicked open the locked door of the residence

        25          and entered.  Persons in that residence

        26          confronted the intruders and then yelling and a

        27          commotion ensued, and then the offender and his





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         1          colleague left in their vehicle.  The police were

         2          called and the criminals were arrested within a

         3          few hours.

         4               Four months earlier, this offender was in a

         5          courtroom on other criminal charges and was

         6          granted his release pending resolution of those

         7          other charges.  Upon entering into a

         8          recognizance, one of the conditions of the

         9          recognizance that he signed was to keep the peace

        10          and be of good behaviour.  That recognizance was

        11          still in effect on January 3rd, 2008 when this

        12          offender was engaged in the illegal trafficking

        13          of cocaine and the criminal and violent

        14          forced-entry into a private residence here in

        15          Yellowknife.

        16               This offender has a previous criminal

        17          record, both as a youth and as an adult.  All of

        18          his prior offences were committed in Alberta.  Of

        19          particular note, in his criminal past are two

        20          convictions for illegal possession of drugs, two

        21          convictions for obstructing a police officer, and

        22          six convictions for breaching a recognizance.

        23          Now he has brought his amateur criminal career to

        24          Yellowknife and now he is before the Court to be

        25          sentenced for these two crimes.

        26               The circumstances of the break and enter

        27          make that particular crime a very serious matter





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         1          for obvious reasons.  The law provides a maximum

         2          sentence of life imprisonment for that particular

         3          crime.

         4               As for the cocaine trafficking charge,

         5          Mr. Rayworth may or may not be aware that the

         6          Courts of this jurisdiction have always

         7          considered any trafficking in cocaine, no matter

         8          at what level, to be a very serious matter and

         9          the Courts here have imposed a meaningful period

        10          of incarceration in each instance absent

        11          exceptional circumstances.  There are of course

        12          no exceptional circumstances in this case.

        13               This offender has been detained in custody

        14          since being arrested within hours of having

        15          committed these two crimes, a period of

        16          approximately five months.  In accordance with

        17          the usual practice of the Court and binding case

        18          authority, he is to be given credit for the fact

        19          that he has been without his liberty these past

        20          five months; that is, on account of these two

        21          crimes.

        22               The offender's early guilty plea acts in

        23          mitigation of sentence.

        24               There is a joint sentencing submission of

        25          counsel which is said by the prosecutor to be a

        26          global range of 12 to 16 months less credit for

        27          pre-trial or pre-sentencing custody and stated by





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         1          defence counsel to be 12 to 16 months less double

         2          credit or two-for-one credit for the five months

         3          of pre-trial custody resulting in a net global

         4          range of two to six months.  But for that joint

         5          submission, after taking into consideration all

         6          of the circumstances, including the early guilty

         7          plea in the situation where the prosecutor

         8          acknowledges that the prosecution would have been

         9          faced with a challenging case, had it gone to

        10          trial, it would have been my inclination to

        11          impose, firstly on the trafficking charge, a

        12          sentence of nine to ten months; and on the break

        13          and enter, a consecutive term of ten to 12 months

        14          less credit for pre-sentencing custody.

        15               On the matter of credit for pre-sentencing

        16          custody, there is no automatic two-for-one

        17          formula.  Each case is to be assessed on its own

        18          circumstances.  Here, we have an individual who

        19          has a history of breaching recognizances entered

        20          into before a Court of law in order to obtain

        21          interim release while charges are pending.  He

        22          enters into yet another recognizance to keep the

        23          peace and be of good behaviour in September 2007

        24          and in January 2008, while under the binding

        25          nature of that recognizance, he breaches the

        26          peace in a major and deliberate fashion.  In

        27          those circumstances, it should be no surprise to





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         1          him that he did not get bail while awaiting

         2          disposition of the January crimes.

         3               Although as I have stated I would have

         4          imposed a global sentence higher than that which

         5          is being proposed by counsel in their joint

         6          submission, I find that that negotiated joint

         7          submission of 12 to 16 months global is not

         8          totally unreasonable and that I ought to support

         9          it if I can do so in conscience.

        10               Please stand, Mr. Rayworth.

        11               Christopher Ward Rayworth, for the crimes

        12          that you have committed, on Count 1, it is the

        13          sentence of this Court that you serve a term of

        14          imprisonment of eight months.  And on Count 2,

        15          the sentence is eight months concurrent.

        16               There will be the mandatory DNA order sought

        17          by the Crown.  In addition, there will be the

        18          mandatory firearms prohibition under Section 109

        19          of the Criminal Code.  In the circumstances,

        20          there will be no Victim Fine surcharge.

        21               You may sit.

        22               Anything further from either counsel.

        23          ...

        24          --------------------------------------------

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         1                             Certified to be a true and
                                       accurate transcript pursuant
         2                             to Rules 723 and 724 of the
                                       Supreme Court Rules,
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         7               Lois Hewitt, CSR(A), RPR, CRR
                         Court Reporter
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