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Abstract: Transcript of the Reasons for Sentence
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R. v. Dryneck, 2008 NWTSC 55 S-1-CR-2007-000109 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - v - MICHAEL DRYNECK Transcript of the Reasons for Sentence delivered by The Honourable Justice J.Z. Vertes, in Yellowknife, in the Northwest Territories, on the 29th day of July, 2008. APPEARANCES: Ms. S. Aitken: Counsel on behalf of the Crown Mr. T. Boyd: Counsel on behalf of the Accused ------------------------------------- Charge under s. 266 C.C. 1 THE COURT: In this case, Michael Dryneck 2 has entered a plea of guilty to a charge of 3 common assault. It is not often that this court 4 is called upon to deal with such charges, but the 5 facts reveal a very serious case of assault in 6 this instance. 7 The victim was the accused's common-law 8 spouse. They had been living in a relationship 9 for the past ten years and they have two 10 children, ages 5 and 8. 11 On the night of July 23rd, 2007, at their 12 home in Wekweti, Northwest Territories, the 13 accused and his spouse were engaged in what I may 14 describe as intimate lovemaking. However, he 15 began to hurt his spouse. She tried to make him 16 stop. He then became angry and started talking 17 about some things from her past. He started 18 hitting her and punching her about the face. The 19 victim managed to escape the house and seek 20 assistance at the local nursing station. There 21 is no police detachment in Wekweti, so the next 22 day the victim had to leave the community and 23 seek shelter elsewhere. 24 The accused was arrested in October of 2007 25 for his actions and eventually a jury trial was 26 scheduled to be held in the community of 27 Behchoko. Just days before that trial was set to Official Court Reporters 1 1 begin, the accused entered a guilty plea for the 2 charge that we are dealing with today. 3 Crown counsel has pointed out a number of 4 aggravating circumstances to take into account in 5 this case. First and foremost, there is the fact 6 that this offence involves the abuse of the 7 offender's spouse, an act of violence recognized 8 by the Parliament of Canada as a most serious 9 aggravating factor since it has been specifically 10 designated as such in the Criminal Code. 11 There is no excuse for this behaviour. I 12 heard the accused talk about his past, his 13 difficult upbringing, and I am sure that is the 14 root of many of his difficulties, and indeed it 15 may be the cause of what he describes as "the 16 anger inside me". But that is no excuse to react 17 violently to one's loved one and the mother of 18 one's children. It is a gross abuse of trust and 19 it is, unfortunately, a very recurring act in our 20 communities. 21 Compounding that aggravating fact is the 22 fact that the victim was nine weeks pregnant at 23 the time. It appears obvious to me that the 24 accused did not give a thought to that fact as he 25 engaged in his violent attack on his spouse. The 26 injuries were significant, as revealed by the 27 photographs that were submitted. Official Court Reporters 2 1 Also aggravating is the fact that the 2 accused has a criminal record. He has 33 3 convictions between 1989 and 2006. Of those 33 4 convictions, nine offences are for crimes of 5 violence and five of those involve the same 6 victim, starting in 2000. He was on probation at 7 the time of this offence, with a condition that 8 he have no contact with the victim, although 9 Crown counsel acknowledges that the two of them 10 were living together with the consent of the 11 victim and regardless of the no-contact clause. 12 But this repetitive behaviour reveals to me that 13 the accused did not learn from his past conduct. 14 He was charged, tried and punished for his past 15 attacks on the victim, and yet that did no good. 16 Maybe now at his age and with growing 17 self-awareness he will come to the realization 18 that only he can make the changes in his life 19 that are necessary, both for himself and for his 20 family. 21 Of course there is the strong mitigating 22 factor of a guilty plea. Crown counsel, while 23 recognizing that the guilty plea did not come at 24 an early stage of these proceedings, acknowledges 25 the fact that it has meant that the victim need 26 not go through the ordeal of having to testify at 27 a trial. So I give credit to the accused for Official Court Reporters 3 1 that. 2 The accused is 37 years old. He grew up in 3 a large family in the North Slave region. In the 4 past he has been working for Renewable Resources 5 as a firefighter and has also obtained employment 6 as a labourer with one of the logistical 7 companies working at a diamond mine. 8 I am told by his counsel that on the day of 9 this offence he had consumed quite a bit of 10 alcohol. That of course may partly explain his 11 conduct, but it is no excuse. 12 Crown counsel has suggested a sentence of 13 two years less a day, with credit for time spent 14 on remand, and a further three-year probationary 15 term specifically providing for a no-contact 16 provision. In this case, I am assisted by the 17 fact that defence counsel has indicated that the 18 defence joins in that sentencing proposal. 19 In my opinion, the sentence for this 20 offence, considering the accused's background and 21 all of the aggravating factors that I have 22 identified, could very well be significantly 23 higher than that proposed in the joint 24 submission. I recognize, however, that the joint 25 submission is one that has been put forward by 26 experienced counsel, and considering the fact 27 that there has been a guilty plea, I am satisfied Official Court Reporters 4 1 that it meets the principles and objectives of 2 sentencing. 3 I must of course consider the circumstances 4 of the accused as an aboriginal offender. I 5 recognize that there are widespread systemic 6 factors of a general nature affecting all 7 aboriginal Canadians that place them at a 8 disadvantage. I heard the accused speak about 9 some factors that are specific to his upbringing 10 - the abuse he suffered from the hands of his 11 father apparently and other members of his 12 family. Again, I say that those factors, while 13 they may be very much part of the cause for his 14 anger and for his lack of self-control, cannot 15 explain away the repetitive nature of his 16 conduct, his violent and abusive conduct toward 17 his spouse. In these circumstances I have no 18 alternative but to impose a sentence that would 19 be imposed on anyone else who has exhibited such 20 a history of violence. 21 With respect to the credit for remand time, 22 the accused has apparently spent six months in 23 remand attributable to this offence. The Supreme 24 Court of Canada has recognized that credit must 25 be given for remand time in the absence of a 26 significant reason not to do so. While there is 27 no formula, the usual rule of thumb is to credit Official Court Reporters 5 1 remand time at a ratio of two-to-one, in the 2 absence of evidence of circumstances that may 3 warrant a deviation. I heard no evidence of any 4 circumstances that would warrant a deviation from 5 the usual calculation of credit for remand time. 6 Stand up, Mr. Dryneck. 7 Mr. Dryneck, having listened to you, it 8 seems to me that you are starting to become aware 9 of your difficulties. I only hope that at your 10 age you are able to start to take control of your 11 emotions and to deal with them and to try and put 12 your life together so that you can be the man and 13 father that you tell me you hope to be. 14 I agree with Crown and defence that an 15 appropriate sentence would be one of two years 16 less one day. Taking into account remand time, 17 which I credit at two-for-one which would amount 18 to 12 months, I sentence the accused to a term of 19 imprisonment of 12 months. 20 In addition, there will be a period of 21 probation for a further term of three years. The 22 terms of that probation will be that you are to 23 keep the peace and be of good behaviour; you are 24 to report to the court as and when required to do 25 so; you are to report to a probation officer upon 26 your release from imprisonment and continue to 27 report as and when directed by a probation Official Court Reporters 6 1 officer; you are to participate in any treatment 2 or counselling programs that may be recommended 3 by your probation officer. 4 Do you agree with that, sir? 5 THE ACCUSED: Yes, sir. 6 THE COURT: And you are to have no contact 7 directly or indirectly with Therese Boline during 8 the period of your probation order. 9 Do you understand that? 10 THE ACCUSED: Yeah, I can respect that. 11 THE COURT: Very well. Your counsel will 12 explain to you the significance of the probation 13 order and the fact that if you breach any term of 14 that order you can be charged with that and 15 brought back in court and sentenced for that. Do 16 you understand? 17 THE ACCUSED: Yes, sir. 18 THE COURT: In addition, as requested by 19 Crown counsel, there will be an order requiring 20 the accused to provide a sample for DNA analysis 21 for submission to the DNA databank, pursuant to 22 section 487.051 of the Criminal Code. 23 Finally, I make an order under the 24 discretionary provisions of section 110 of the 25 Criminal Code prohibiting the accused from having 26 in his possession any firearms, ammunition or 27 other devices mentioned in section 110 for a Official Court Reporters 7 1 period of no less than ten years from the date of 2 his release from his sentence of imprisonment. 3 Is there anything else we need to address, 4 counsel? Ms. Aitken? 5 MS. AITKEN: Just in relation to the 6 victims of crime surcharge, sir. 7 THE COURT: Under the circumstances, the 8 victims of crime surcharge fine surcharge is 9 waived. 10 MR. BOYD: Nothing from defence. Thank 11 you, Your Honour. 12 THE COURT: Thank you, counsel, for your 13 submissions. We will close court. 14 .............................. 15 16 Certified to be a true and accurate transcript pursuant 17 to Rule 723 and 724 of the Supreme Court Rules of Court. 18 19 ______________________________ 20 Annette Wright, RPR, CSR(A) Court Reporter 21 22 23 24 25 26 27 Official Court Reporters 8
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