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Abstract: Transcript of the Reasons for Sentence
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R. v. Beaulieu, 2011 NWTSC 15 S-1-CR2010000077 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - vs. - JIMMY PHILIP BEAULIEU _________________________________________________________ Transcript of the Reasons for Sentence by The Honourable Justice J.Z. Vertes, at Yellowknife in the Northwest Territories, on March 10th A.D, 2011. _________________________________________________________ APPEARANCES: Ms. J. Walsh: Counsel for the Crown Mr. T. Boyd: Counsel for the Accused ---------------------------------------- Charge under s. 271 Criminal Code of Canada An order has been made banning publication of the identity of the Complainant/Witness pursuant to Section 486.4 of the Criminal Code of Canada Official Court Reporters 1 THE COURT: The accused, Jimmy Philip 2 Beaulieu, has been convicted by a jury after 3 trial on a charge of break and enter into a 4 dwelling house and committing therein a sexual 5 assault. Section 348(1) of the Criminal Code 6 stipulates that the potential maximum penalty is 7 one of life imprisonment. 8 The pertinent facts are as follows: 9 The accused, a 49-year-old man, and the 10 victim, now a 22-year-old woman, were at a house 11 party on December 20, 2009, in Dettah. They 12 consumed alcohol. They talked. In the early 13 morning the victim went home. She went to 14 sleep. She awoke to find the accused inside her 15 house, in her bed, touching her. The accused 16 penetrated her anally and then ejaculated on her 17 buttocks. He then left. The victim immediately 18 told her cousin what happened, then contacted 19 her mother who in turn contacted the police. 20 The accused claimed that the victim had 21 invited him into her house and had willingly 22 participated in the sexual encounter. By their 23 verdict, the jury obviously rejected this story. 24 The impact of this crime on the victim and 25 her family was made clear in the victim impact 26 statements read out in court. The victim has 27 had lasting psychological harm, suffering from Official Court Reporters 1 1 stress and feelings of isolation. 2 The Judges of this Court, as well as of the 3 Court of Appeal, have recently noted the 4 prevalence of crimes of sexual violence in this 5 jurisdiction, particularly sexual assaults on 6 vulnerable women who are either asleep or 7 otherwise unconscious. Courts have repeatedly 8 said that since this particular type of offence 9 is so frequent, sentencing must emphasize 10 deterrence, denunciation and the promotion of a 11 sense of responsibility in the offender. 12 Crown counsel described this offence as a 13 major sexual assault in the context of a 14 violation of the sanctity and security of one's 15 own home. She said there are no mitigating 16 factors present in this case. I agree. 17 There are, however, a number of aggravating 18 factors. 19 First, the accused and the victim knew one 20 another for a long time. The victim used to 21 babysit the accused's children. She was a 22 friend of the accused's ex-wife. Considering 23 the age difference between them, and this 24 history of social connections, the accused 25 should have exhibited care for the victim, as 26 opposed to taking advantage of her when she was 27 vulnerable. I do not call this a breach of Official Court Reporters 2 1 trust but these circumstances are nonetheless 2 aggravating. 3 Second, the accused has a criminal record. 4 He has been convicted of ten offences between 5 1988 and 2009. Admittedly many are minor and 6 there are no convictions for crimes of sexual 7 violence. But there are two convictions for 8 assault. 9 The most recent conviction was in February 10 2009 for arson. The accused burned down his own 11 house. He did this in the midst of an emotional 12 breakup of his marriage. He was sentenced to 15 13 months imprisonment and placed on probation for 14 12 months. He was released from jail just 11 15 days before he committed this offence. He was 16 on probation at the time that he committed this 17 offence. All this is highly aggravating. 18 The accused was born and raised in Dettah, 19 a very small community of the Yellowknives Dene 20 First Nation. He was raised by an uncle after 21 his parents separated. As a teenager he 22 received guidance and training from two elders 23 in the community. He learned how to live and 24 function on the land in the traditional manner 25 of his people. While his formal education was 26 short, he obtained training and certification as 27 a heavy equipment operator and he has worked for Official Court Reporters 3 1 most of the past 20 years in that capacity at 2 various mining operations. I was provided with 3 a letter from his current employer who said that 4 he continually exceeds expectations through his 5 dedication and efficiency in performing his 6 duties. 7 The accused is the father of four children. 8 He is separated from the mother of his children 9 but he supports them financially. 10 The accused has been on bail since the date 11 of the offence and has apparently complied with 12 all conditions in his bail order. He has been 13 working full-time and living outside of the 14 community. The coordinator of the Salvation 15 Army's Bailey House has stated that the accused 16 has shown "a tremendous desire to move forward 17 with his life". 18 I must, as mandated by Section 718.2(e) of 19 the Criminal Code, consider the circumstances of 20 the accused as an aboriginal offender. Judges 21 are required to take into account any unique 22 background and systemic factors which may have 23 played a part in bringing the particular 24 offender before the Court. This does not mean 25 that an aboriginal accused must establish a 26 causal link between those background and 27 systemic factors and the commission of the Official Court Reporters 4 1 offence. It is, however, a recognition of the 2 devastating impact that Canada's treatment of 3 its aboriginal population has wreaked on the 4 members of that society. How has the offender 5 been affected by, for example, substance abuse 6 in the community, or poverty, or overt racism, 7 or family and community breakdown? 8 Before me, and prior to sentencing, the 9 accused spoke at length about the cycle of 10 alcohol abuse and violence that he witnessed in 11 his formative years. He spoke about the need 12 for his community to come to grips with these 13 long-standing problems. 14 The Judges working in the northern courts 15 are all too aware of the difficulties facing 16 many of our communities. There is, throughout 17 the Northwest Territories, a high incidence of 18 alcohol abuse and crimes of violence. But, we 19 are also aware of the significant efforts made 20 by many communities at restoration and 21 rehabilitation. 22 I have no doubt that much of the accused's 23 behaviour over the years has been influenced by 24 his experience of family breakdown and his 25 experience of alcohol abuse. 26 Nevertheless, this was a very serious crime 27 of violence, one that has had a long-lasting Official Court Reporters 5 1 impact on the victim. In crimes such as these, 2 where deterrence must be emphasised, the 3 appropriate decision will be similar whether one 4 is dealing with an aboriginal or non-aboriginal 5 offender. Aboriginal communities, and 6 aboriginal victims, must know that the harm 7 caused by an offender's actions will be taken 8 just as seriously in their community as in any 9 other community. 10 Crown counsel has suggested a sentence of 11 five to seven years imprisonment. Defence 12 counsel, while recognizing that a term of 13 imprisonment is called for, strongly urged me 14 not to impose a sentence that would have, in his 15 words, "a crushing effect on the accused". 16 I must, of course, impose a sentence that 17 is proportionate to the gravity of this crime. 18 I recognize however, having regard to the 19 accused's work history and his evident family 20 support, that there are reasonably good 21 prospects for the accused successfully 22 reintegrating back into the community and 23 leading a productive and healthy life. 24 Stand up, Mr. Beaulieu. 25 The sentence of this Court is that you 26 serve a term of imprisonment of five years. 27 You may sit down. Official Court Reporters 6 1 In addition, the usual ancillary orders 2 will issue: 3 An order requiring the accused to supply a 4 sample for DNA analysis and submission to the 5 DNA databank; 6 An order requiring the accused to comply 7 with the provisions of the Sexual Offender 8 Information Registration Act for the designated 9 period of 20 years; and, 10 A firearms prohibition order for a period 11 of no less than ten years from the date of his 12 release. 13 Under the circumstances there will be no 14 victim of crime fine surcharge. 15 Have I neglected anything, counsel? 16 MR. BOYD: Sir, one request that was 17 passed on to me through the accused's mother is 18 to ask if the warrant of committal could be 19 endorsed with the recommendation that the 20 sentence be served in the north, pursuant to the 21 agreement between the Correction Services Canada 22 and Northwest Territories Corrections. 23 THE COURT: Thank you. I have already 24 heard from Crown counsel as to their 25 disagreement with such a recommendation. I am 26 not, in the circumstances of this case, inclined 27 to make that recommendation. I think Correction Official Court Reporters 7 1 Services are much better positioned than I am to 2 know which would be the most appropriate setting 3 for Mr. Beaulieu to serve his sentence, having 4 consideration to the available programs and 5 services that would be appropriate for him under 6 the circumstances, so I will decline to that 7 make that recommendation. 8 MR. BOYD: Yes, sir. 9 THE COURT: Anything else, counsel? 10 MS. WALSH: Nothing from Crown, sir. 11 MR. BOYD: Not from defence, Your 12 Honour. 13 THE COURT: Thank you for your 14 assistance, counsel. We will close court. 15 16 ------------------------------------- 17 18 19 Certified to be a true and accurate transcript pursuant 20 to Rules 723 and 724 of the Supreme Court Rules, 21 22 23 24 ____________________________ 25 Lois Hewitt, CSR(A), RPR, CRR Court Reporter 26 27 Official Court Reporters 8
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