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Decision information:

Abstract: Transcript of the Reasons for Sentence

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             R. v. Stovin, 2010 NWTSC 16

                                                S-1-CR2008000078

                                                S-1-CR2009000021

             IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES



             IN THE MATTER OF:





                             HER MAJESTY THE QUEEN





                                  - vs. -





                             COREY STEPHEN STOVIN



             _________________________________________________________

             Transcript of the Reasons for Sentence by The Honourable

             Justice D. M. Cooper, at Yellowknife in the Northwest

             Territories, on February 19th A.D., 2010.

             _________________________________________________________

             APPEARANCES:



             Ms. J. Walsh:                      Counsel for the Crown

             Mr. J. Bran:                       Counsel for the Accused

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

                Charge under s. 348(1)(b) Criminal Code of Canada
             Charge under s. 5(2) Controlled Drugs and Substances Act




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         1      THE COURT:             The accused in this case has

         2          pleaded guilty, after preliminary hearings but

         3          prior to trial, to having committed the offence

         4          of possession of cocaine for the purpose of

         5          trafficking on November 19th, 2008, in

         6          Yellowknife, contrary to Section 5(2) of the

         7          Controlled Drugs and Substances Act.  For this,

         8          the sentence could be life imprisonment.

         9               He has also pleaded guilty, after

        10          preliminary inquiry, to the offence of breaking

        11          and entering a dwelling house in Yellowknife and

        12          committing the indictable offence of assault

        13          causing bodily harm contrary to Section 348(1)(b)

        14          of the Criminal Code; the offence date having

        15          occurred on the 7th day of February 2008, and

        16          again, for this offence an offender is liable to

        17          imprisonment for life.

        18               The Crown has submitted a number of

        19          authorities in support of its submission that a

        20          fit and proper sentence in the circumstances

        21          would be two years less a day for possession for

        22          the purpose of trafficking, and three to three

        23          and a half years on the break and enter charge.

        24          The defence argues that a more appropriate

        25          disposition would be a global sentence of

        26          approximately 30 months in jail.

        27               The facts with respect to the charge under





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         1          Section 5(2) of the Controlled Drugs and

         2          Substances Act are that on November 19th, 2008,

         3          Mr. Stovin was noted to be traveling by bus from

         4          Edmonton to Yellowknife and during a stopover in

         5          Enterprise, an officer of the RCMP from the Hay

         6          River traffic division saw Mr. Stovin, in the

         7          company of another person, and Mr. Stovin

         8          appeared to be behaving suspiciously.  Mr. Stovin

         9          had a black bag with him.  This officer engaged

        10          Mr. Stovin in some conversation and then let him

        11          go however he called forward to the Yellowknife

        12          detachment and spoke to another officer who

        13          subsequently advised that he had a confidential

        14          human source providing him information to the

        15          effect that Mr. Stovin had travelled south to

        16          "reload" with drugs to come back to Yellowknife

        17          to sell those drugs.

        18               A plan was put in place by the drug

        19          detachment here in Yellowknife, or the drug

        20          detachment division, and Mr. Stovin was detained

        21          as he got off the bus in Yellowknife.  A sniffer

        22          dog was called to the scene and deployed and the

        23          dog registered an alert on Mr. Stovin's bag.  He

        24          was then placed under arrest and, after being

        25          cautioned, was brought back to the detachment.

        26               During a search incidental to his arrest,

        27          approximately 160 grams of crack cocaine, in a





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         1          bag, were found taped to the front of Mr. Stovin,

         2          in the crotch area, and an additional 10 grams of

         3          cocaine were found as well.  The estimated street

         4          value of the drugs, if sold in quantities of half

         5          a gram, would have been $34,000.

         6               On the charge of breaking and entering and

         7          committing the offence of assault causing bodily

         8          harm, Crown and defence have filed an agreed

         9          statement of facts in this matter with respect to

        10          this offence.  I will note at the outset the

        11          statement does not explain why Mr. Stovin and

        12          three other men were watching the accused in the

        13          Ravens Pub and why he was attacked when he left.

        14               The facts are that on February 6th, 2008,

        15          Mr. Julian Walsh was drinking beer with two

        16          friends at the Ravens Pub.  During the course of

        17          the evening a male came over to Mr. Walsh and

        18          asked him his name and where he lived.  Mr. Walsh

        19          confirmed who he was and where he lived, then

        20          observed the person walk over to four men sitting

        21          at the bar whom he had never met before.

        22               During the course of the evening, Mr. Walsh

        23          noticed the four men looking at him.  At one

        24          point, Mr. Walsh did leave the pub with a friend

        25          and planned to walk to the Corner Mart restaurant

        26          to get something to eat.  When he left, he placed

        27          an unfinished bottle of beer in his sleeve of his





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         1          coat.

         2               Upon leaving the pub, Mr. Walsh was attacked

         3          by one of the men that he saw watching him

         4          earlier in the evening.  The man punched Mr.

         5          Walsh in the head and kept swinging although no

         6          other hits landed.  Mr. Walsh was able to get

         7          away and he ran across the street.  Once across

         8          the street, Mr. Walsh was approached by Mr.

         9          Stovin, who had been one of the four men watching

        10          him in the pub.  Mr. Stovin moved towards him in

        11          an aggressive manner.  Mr. Walsh pulled the beer

        12          bottle out of his coat and threw it at

        13          Mr. Stovin, hitting him in the head.  He then ran

        14          home to his apartment, approximately four blocks

        15          away.

        16               Upon arrival at his apartment, Mr. Walsh saw

        17          a vehicle coming up the street towards him and

        18          recognized the four men from the pub in the

        19          vehicle.  He then opened the front door of his

        20          apartment and ran up the stairs where his unit

        21          was located on the second storey of the building.

        22          Momentarily thereafter, Mr. Walsh heard the men

        23          coming up the stairwell.  He ran into his room,

        24          locked the door, and turned out the lights.

        25          Mr. Stovin was the among those coming up the

        26          stairwell.

        27               Another resident, who had been asleep on the





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         1          couch inside the apartment, opened the door and

         2          the men entered uninvited.  Once in the

         3          apartment, Mr. Stovin and the three others

         4          conducted a search and quickly located Mr.

         5          Walsh's bedroom.  During this time, Mr. Walsh

         6          called the RCMP and told dispatch he was afraid

         7          that he was going to be killed.

         8               Once Mr. Walsh's bedroom was located,

         9          Mr. Stovin and the other men proceeded to break

        10          the door of the bedroom down.  Mr. Walsh had

        11          tried to prevent their entry by putting his back

        12          against his bed and his feet upon the door.

        13          Mr. Stovin and the others were able to break into

        14          the room, turn down the lights, and began

        15          assaulting Mr. Walsh.  He held his head down and

        16          Mr. Stovin got on top of him stating "remember

        17          me, you want to hit me in the head with a

        18          bottle", and then repeatedly punched Mr. Walsh in

        19          the face as well as punching and kicking him in

        20          the torso area.  Mr. Stovin then took a drawer

        21          from the chest of drawers and hit Mr. Walsh in

        22          the head with it, destroying the drawer.  Mr.

        23          Walsh recalls a 100 pound bench press weight was

        24          dropped on him during the assault and he was

        25          kicked numerous times in the head and body.  At

        26          various times some of the other men who were

        27          present took turns assaulting him.  He was also





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         1          hit in the head with a DVD player and cut with a

         2          knife although not apparently seriously.  He lost

         3          consciousness briefly.  When he regained

         4          consciousness, he heard the men walking down the

         5          hallway laughing about what had just happened and

         6          heard one of them say "if you say anything we

         7          will kill you".

         8               Shortly thereafter the police arrived on the

         9          scene and Mr. Walsh was taken by ambulance to the

        10          Stanton Territorial Hospital.

        11               As a result of the attack, Mr. Walsh's face

        12          was bloodied.  He suffered swelling to the face

        13          and ears, multiple abrasions to the scalp,

        14          bruising and abrasions to his shoulders and back,

        15          as well as a broken nose.

        16               With respect to the background of the

        17          accused, I have read the pre-sentence report

        18          filed in these proceedings.  I will note at the

        19          outset that it was prepared at the request of

        20          counsel for the accused upon his entering of a

        21          guilty plea to the possession for the purpose of

        22          trafficking offence on November 9th, 2009.

        23               On December 14th a different lawyer,

        24          representing the accused on the Section 348

        25          charge, advised the Court of Mr. Stovin's

        26          intention to plead guilty to this charge and he

        27          has done that today.  As a result of that,





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         1          however, all of the focus of the accused's

         2          behaviour and attitude regarding his criminal

         3          conduct, as related in the report, refers only to

         4          the first offence and presumes him to be a

         5          first-time offender.  Technically that is the

         6          case.  However, I cannot ignore the fact that

         7          Mr. Stovin was at liberty on an undertaking or

         8          promise to appear after his arrest on the break

         9          and enter charge when he committed the second

        10          offence.

        11               In any event, Mr. Stovin is 25 years of age,

        12          and he spent most of his formative years in

        13          Langley or the Langley area of British Columbia.

        14          He achieved a Grade 11 level of education and

        15          after working in various jobs, he worked for a

        16          year as a bouncer in a bar or nightclub prior to

        17          coming to Yellowknife in 2006 ostensibly to find

        18          work in one of the diamond mines.  I say

        19          ostensibly since although he lived in Yellowknife

        20          in an apartment and then a hotel for some months,

        21          he never did obtain gainful employment and

        22          advised the pre-sentence reporter, or the

        23          probation officer, that he never collected

        24          Employment Insurance.  It is unclear as to

        25          exactly when Mr. Stovin arrived in Yellowknife

        26          but he would have lived here for over a year in

        27          the community before being remanded into custody





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         1          on December 31st, 2008.

         2               He claims to have had a close relationship

         3          with his family and particularly his mother, who

         4          was shocked to hear that he was in trouble with

         5          the law and indicated almost unconditional

         6          support for him.

         7               Mr. Stovin rationalized his conduct by

         8          saying that he never sold drugs and that he does

         9          not support people's habits; that there are drugs

        10          in every town and they aren't that big a problem

        11          here, the biggest being alcohol.

        12               Reports of his attitude from his case

        13          manager at the North Slave Correctional Centre

        14          are not encouraging.  It is described as poor.

        15               The pre-sentence reporter was of the view

        16          that Mr. Stovin appeared to minimize the impact

        17          of his actions on the community and made light of

        18          the drug scene and that he was not a good

        19          candidate for a community-type sentence.

        20               The overall impression I was left with,

        21          after reviewing the report, is that Mr. Stovin

        22          was sorry not for having committed these offences

        23          but for having been caught.  Again, this report

        24          did not take into account Mr. Stovin's conduct on

        25          the night of February 7th, 2008.

        26               No victim's impact statement has been filed

        27          but I have no doubt that this assault would have





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         1          had a traumatizing effect on Julian Walsh.  The

         2          agreed statement of facts does not describe his

         3          injuries as permanent or having been life

         4          threatening.  From the photographs I examined,

         5          however, it is clear that the harm visited upon

         6          him was not transitory and that he had been badly

         7          beaten.

         8               The relevant provisions of the Criminal Code

         9          include Section 718 which says that the

        10          fundamental purpose of sentencing is to

        11          contribute, along with crime prevention

        12          initiatives, to respect for the law and the

        13          maintenance of a just, peaceful and safe society

        14          by imposing just sanctions that have one or more

        15          of the following objectives:

        16               (a) to denounce unlawful conduct;

        17               (b) to deter the offender and other persons

        18          from committing offences;

        19               (c) to separate offenders from society,

        20          where necessary;

        21               (d) to assist in rehabilitating offenders;

        22               (e) to provide reparations for harm done to

        23          victims or to the community; and

        24               (f) to promote a sense of responsibility in

        25          offenders, and acknowledgement of the harm done

        26          to victims and to the community.

        27               Another provision of the Code says that a





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         1          sentence must be proportionate to the gravity

         2          offence and the degree of responsibility of the

         3          offender.

         4               Other principles in Section 718.2 say that a

         5          sentence should be increased or reduced to

         6          account for any relevant aggravating or

         7          mitigating circumstances relating to the offence

         8          or the offender, and, without limiting the

         9          generality of the foregoing, evidence that the

        10          offence was committed for the benefit of, at the

        11          direction of or in association with a criminal

        12          organization.

        13               There is no evidence that Mr. Stovin was

        14          part of a criminal organization but I mention

        15          this because the circumstances certainly raise

        16          some serious questions.

        17               As well, this section provides that a

        18          sentence should be similar to sentences imposed

        19          on similar offenders for similar offences

        20          committed in similar circumstances and where

        21          consecutive sentences are imposed, the combined

        22          sentence should not be unduly long or harsh.

        23               And finally, as the Crown has pointed out,

        24          the Court is required to consider Section 348.1

        25          which states that a person convicted of an

        26          offence such as this, in imposing sentence the

        27          Court shall consider as an aggravating





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         1          circumstance the fact that the dwelling house was

         2          occupied at the time of the commission of the

         3          offence and that the person in committing the

         4          offence knew that, or was reckless as to whether

         5          the dwelling house was occupied, and used

         6          violence or threats of violence to a person or

         7          property.

         8               So in terms of aggravating factors, this was

         9          a home invasion gang-style offence.  As counsel

        10          for the defence has pointed out, this was not a

        11          planned and premeditated robbery with violence or

        12          threats of violence of the kind that calls for a

        13          much stiffer sentence but nevertheless a home

        14          invasion.  After the initial assault outside of

        15          the Raven, the facts disclose that Mr. Stovin was

        16          the main perpetrator on this offence.  It is

        17          aggravating as well that he committed the very

        18          serious offence of possession for the purpose of

        19          trafficking in cocaine of a significant amount,

        20          crack cocaine, while at large on his undertaking.

        21               There really are only two mitigating factors

        22          that the Court can discern here.  The first is

        23          that Mr. Stovin appears today without a previous

        24          criminal record; second, that he has pleaded

        25          guilty to these charges.  This has not been done

        26          at the earliest opportunity but nor has it been

        27          done at the very very last minute.  The accused





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         1          is therefore entitled to some consideration for

         2          his guilty pleas in mitigation of sentence.

         3               The Crown has submitted a number of

         4          authorities, decisions of NWT Courts and others,

         5          for my consideration applicable to both offences.

         6               With respect to the offence of possession

         7          for the purpose of trafficking, Courts in the

         8          Northwest Territories have consistently said that

         9          the principles of sentencing requiring emphasis

        10          in these kinds of offences are deterrence and

        11          denunciation and that is particularly so when the

        12          trafficking involves a so-called "hard drug" such

        13          as crack cocaine.  In other words, it would be

        14          the rare case where a term of imprisonment would

        15          not be called for.

        16               Sentences vary depending on the kind of

        17          drug, the amount; the apparent position of the

        18          accused in the hierarchy of the drug trade;

        19          whether the accused was a first-time offender or

        20          had a criminal record, including previous similar

        21          offences; the age of the accused; whether there

        22          is a favourable pre-sentence report which

        23          discloses that the accused may have been a dupe

        24          or one-time offender whose actions are

        25          characterized as a momentary lapse of judgment;

        26          whether he was cooperative with the police;

        27          whether he has a salutary background; whether he





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         1          was motivated by the need to service his own drug

         2          habit, or by greed; whether he is truly

         3          remorseful and a good candidate for

         4          rehabilitation.  This list is not exhaustive but

         5          will encompass many, if not most, of the

         6          considerations that a Court will weigh in these

         7          kinds of cases.

         8               The cases submitted range in sentencing from

         9          10 months imprisonment to 42 months.  At the

        10          lower end are cases of street-level dealing in

        11          small amounts such as R. v. Chamberlain [2000]

        12          N.W.T.J. No. 25 (S.C.); R. v. Turner [2006]

        13          N.W.T.J. No. 76 (S.C.); R. v. Hajcik [2007]

        14          N.W.T.J. No. 85 (T.C.).  Cases involving higher

        15          level dealers with bad criminal records are at

        16          the upper end such R. v. Toth [2005] N.W.T.J. No.

        17          101 (T.C.) and R. v. Gellenbeck [2009] N.W.T.J.

        18          No. 76 (S.C.).

        19               In the case of R. v. Gosselin [2009]

        20          N.W.T.J. No. 25 (S.C.), a case decided in this

        21          Court last year, the accused, who was 23 years of

        22          age, had a package delivered to him at his home

        23          by Fed-Ex and he was on his way to deliver it to

        24          a friend when he was apprehended by police.  The

        25          accused maintained that he did not know what was

        26          in the package.  In fact, it contained 146.5

        27          grams of cocaine.  He had agreed that the package





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         1          could be mailed to him as a favour to his friend.

         2          He was a first-time offender who was willfully

         3          blind to what was in the package which had

         4          probably been sent to him since he was thought to

         5          have been above the suspicion of law enforcement

         6          authorities.  In all of those circumstances, the

         7          Court felt it appropriate to impose a term of

         8          imprisonment of two years less one day.

         9               Having regard to the offence under

        10          Section 348(1)(a), the break and enter and

        11          causing bodily harm, I have reviewed the cases

        12          filed by the Crown, including R. v. Matwiy [1996]

        13          A.J. No. 134 (Alta. C.A.); R. v. Bernier [2003]

        14          B.C.J. No. 466 (BC. C.A.); R. v. Angohiatok

        15          [2004] N.W.T.J. No. 56 (NWT Terr. Ct.);

        16          R. v. Kakfwi [2006] N.W.T.J. No. 9 (NWT SC); and

        17          R. v. Brace [2008] Y.J. No. 30 (Y.T. Terr. Ct.)

        18          As well, I have reviewed cases filed by the

        19          defence - R. v. McClelland 2001 ABCA 182; and

        20          R. v. Laidley 2001 ABQB 781.  The outcomes in

        21          every case depend upon the extent of violence and

        22          harm done and the circumstances of the offender.

        23               The Crown, quite appropriately, has not

        24          attempted to characterize this case as a typical

        25          home invasion offence which would attract a

        26          sentence in the range of from 6 to 12 years.  And

        27          I accept the defence submission to the effect





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         1          that this offence was not planned and

         2          premeditated with the intention of robbery.  The

         3          victim was not elderly and the beating, while

         4          very serious, did not result in lasting injury.

         5          Accordingly, I need not examine Matwiy, Bernier,

         6          Laidley and McClelland.

         7               The Angohiatok case is distinguishable.  The

         8          accused there had what then Chief Judge Bourassa

         9          termed "a long depressing criminal record" and

        10          was doing a "life sentence on the installment

        11          plan".  Small children witnessed the violent

        12          break-in and the accused was waving a knife

        13          threatening death.  That attracted a three-year

        14          sentence.

        15               In Kakfwi, the accused had an extremely bad

        16          record of violence.  The accused and accomplice

        17          used hoods to disguise themselves and Kakfwi held

        18          a knife to the throat of one occupant while he

        19          was positioned on the floor.

        20               In the Brace case, the Court characterized

        21          the offence as a home invasion, albeit one where

        22          the facts put the gravity of the offence on the

        23          less serious side.  The accused was sentenced to

        24          three years in jail there as, I might mention,

        25          was Kakfwi.  It is not, however, apparent from

        26          the judgment what the record of the accused was

        27          so the case is not as useful as it might





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         1          otherwise be.  Clearly, however, an offence of

         2          this nature calls for a deterrent and

         3          denunciatory sentence.

         4               In passing sentence in these offences, I

         5          take into account many factors, as I have alluded

         6          to previously, including the nature and

         7          seriousness of the offences, Mr. Stovin's

         8          personal circumstances, including the fact that

         9          he is being sentenced today as someone who,

        10          perhaps fortuitously, does not have a prior

        11          criminal record and who has pleaded guilty.

        12               I am troubled that it would appear from

        13          reading the pre-sentence report that Mr. Stovin

        14          seems to have little appreciation for the

        15          seriousness of his involvement in the drug trade

        16          or the impact that it has on society.  It has

        17          been called pervasive and insidious, a scourge,

        18          and it is an activity that has a devastating

        19          effect on elements of this community.  It

        20          destroys lives and many of those involved are in

        21          it for profit.  They are unscrupulous and

        22          predatory.  It is an ugly, ugly crime.  The

        23          accused should be under no illusions that in the

        24          Northwest Territories serious drug offences will

        25          meet with little sympathy from this or any Court.

        26          He was not a street-level small-time dealer.  He

        27          may not have been a kingpin either but, rather,





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         1          was what some might  refer to as a very

         2          significant player in the hierarchy.

         3               On the charge of break enter and committing

         4          the indictable offence of assault causing bodily

         5          harm, although we do not know the precise reasons

         6          why this offence was committed, the injuries

         7          inflicted were serious and they could have been

         8          life threatening.  The accused has not suggested

         9          that he was intoxicated or otherwise in the

        10          diminished state which would account for a loss

        11          of self-control.

        12               Counsel for the defence suggests that this

        13          offence would not have occurred if Mr. Walsh not

        14          thrown a beer bottle at Mr. Stovin.  Perhaps.

        15          Perhaps this offence would not have occurred if

        16          Mr. Stovin and his colleagues had not decided to

        17          assault the victim when he left the bar and if

        18          Mr. Stovin had not crossed the street to menace

        19          the victim after he had already been beaten.

        20               Defence counsel has suggested that

        21          Mr. Stovin's intention in crossing the street

        22          cannot be discerned from the facts as admitted.

        23          Mr. Stovin pursued the victim after he ran away

        24          from the assault in front of the Raven and

        25          crossed the street.  From his demeanour, the

        26          victim obviously thought that the accused was

        27          going to continue the assault.  The victim had a





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         1          right to defend himself in those circumstances.

         2               Stand up please, Mr. Stovin.

         3               Balancing all of the factors, and again

         4          being mindful of the totality principle as your

         5          counsel has urged me to be, on the charge under

         6          Section 348(1)(b) I sentence you to a term of

         7          imprisonment of 20 months in jail.  For the

         8          offence of possession for the purpose of

         9          trafficking in cocaine, I sentence you to two

        10          years in jail consecutive.

        11               I am going to take into account time served

        12          on remand, approximately 13.5 months, and also

        13          the fact that you were remanded into custody by

        14          virtue of you having breached your undertaking to

        15          keep the peace and be of good behavior.

        16               You can sit down.

        17               Over the past year, there has been a growing

        18          awareness of conditions for remanded inmates at

        19          the North Slave Correctional Centre through

        20          submissions of counsel and as a result of

        21          evidence given by Paul Pearce, a case manager in

        22          the institution, in the case of Gerald Paul

        23          Stuart on August 14th, 2009 before

        24          Judge B.E. Schmaltz of the Territorial Court.

        25          That evidence reveals that living conditions for

        26          those on remand are virtually identical to those

        27          accorded serving inmates and are as agreeable and





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         1          as benign as one could expect.  The programming

         2          available to remanded inmates is also close to

         3          the same as that for serving inmates except for

         4          those programs which would require the prisoner

         5          to speak of events surrounding his offence or

         6          those which would involve the accused being

         7          outside of the institution.  Accordingly, I am

         8          not convinced that there is evidence to support

         9          any claim that remand in the Northwest

        10          Territories is "hard time" and which should

        11          attract a highly significant credit.  I do,

        12          however, recognize there is no statutory

        13          remission for remanded inmates and I have heard

        14          the Crown's representation that, in this case at

        15          least, a credit of 1.5 would be appropriate.  In

        16          the result, I am going to allow a credit slightly

        17          in excess of 1.5, for time served of 21 months.

        18               So it is the decision of this Court,

        19          Mr. Stovin, that you will be sentenced to a term

        20          of imprisonment, for both offences, of a total of

        21          44 months in jail, and that is the sentence of

        22          the Court.  With credit for remand time, you will

        23          serve an additional 23 months in jail.

        24               The Crown has asked for, and I grant, a DNA

        25          order under Section 487 of the Criminal Code, and

        26          an order for a firearms prohibition under

        27          Section 109 of the Criminal Code which I believe





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         1          will be in effect for ten years from the date

         2          upon which Mr. Stovin is released from jail.

         3               In the circumstances, I am waiving the

         4          victims surcharge.

         5               With respect to any exhibits in the

         6          possession of the Crown or the police, subject to

         7          anything counsel might say, I will order that the

         8          drugs seized be destroyed within 30 days or upon

         9          the expiration of the appeal period.

        10               Is there anything else that has been seized

        11          here, Ms. Walsh, that should be dealt with by

        12          court order at this time?

        13      MS. WALSH:             No, Your Honour.  I would

        14          perhaps just state that everything that was

        15          seized in the investigation should be forfeit to

        16          the Crown.

        17      THE COURT:             All right.  Mr. Bran, are

        18          there any personal effects that should be

        19          returned to the accused?

        20      MR. BRAN:              I would ask that everything,

        21          other than the drugs that have been seized,

        22          should be returned.  I understand there wasn't a

        23          lot.  I understand there may have been a

        24          telephone and there may have been some other

        25          personal items that have been listed.  Other than

        26          the drugs, that should be destroyed, I think

        27          everything should be returned.





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         1      THE COURT:             Everything that is

         2          Mr. Stovin's.

         3      MR. BRAN:              Everything that is his, yes.

         4      THE COURT:             Ms. Walsh?

         5      MS. WALSH:             Your Honour, I would state

         6          that it is simply stuff that was taken during the

         7          investigation, phones are often used obviously in

         8          drug-type situations, however he was arrested on

         9          December 31st so I couldn't possibly link that

        10          telephone to the drug charge, so that's perfectly

        11          fine.

        12      THE COURT:             Well, I am going to order that

        13          the drugs be destroyed upon the expiring of the

        14          appeal period and that any other exhibits be

        15          returned to their rightful owner subject to any

        16          application that the Crown may make to have that

        17          order varied if appropriate.

        18      MS. WALSH:             Thank you, Your Honour.

        19      THE COURT:             Mr. Stovin, you have come here

        20          today as a first offender, and that isn't going

        21          to happen again.  You are a first offender once.

        22          And your counsel advised the Court that you do

        23          understand -- despite what you candidly told the

        24          probation officer who prepared the report, that

        25          you do understand the seriousness of what you

        26          have been involved in.  I hope for your sake that

        27          you will renounce that activity and avoid any





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         1          further involvement in the drug trade and in the

         2          years to come that you earn the support of your

         3          family who so earnestly appears to support you,

         4          and that you will stay out of trouble.  So good

         5          luck to you.

         6               I would like to thank both counsel for your

         7          assistance in this matter.  As well as the

         8          probation officer for the report; it was most

         9          helpful.  And, as usual, the court staff.  Court

        10          will be closed.

        11

        12          -------------------------------------

        13

        14

        15                             Certified to be a true and
                                       accurate transcript pursuant
        16                             to Rules 723 and 724 of the
                                       Supreme Court Rules,
        17

        18

        19

        20                             ____________________________

        21                             Lois Hewitt, CSR(A), RPR, CRR
                                       Court Reporter
        22

        23

        24

        25

        26

        27





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