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Abstract: Transcript of the Reasons for Sentence
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R. v. Wedzin, 2012 NWTSC 22 S-1-CR-2012-000004 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - v - RICK PATRICK WEDZIN __________________________________________________________ Transcript of the Reasons for Sentence delivered by The Honourable Justice J.E. Richard, sitting in Yellowknife, in the Northwest Territories, on the 12th day of March, A.D. 2012. __________________________________________________________ APPEARANCES: Mr. M. Johnson: Counsel for the Crown Mr. J. Bran: Counsel for the Accused (Charges under s. 349, 348(1)(b) and 145(5.1) Criminal Code) Official Court Reporters 1 THE COURT: Rick Patrick Wedzin has 2 pleaded guilty to serious criminal offences 3 committed in his home community of Behchoko last 4 fall, and it is today the Court's responsibility 5 to impose an appropriate sentence for his 6 criminal behaviour. 7 Mr. Wedzin is 25 years old, and this is not 8 the first time he has been in court because of 9 his criminal conduct. He has a lengthy criminal 10 record for a young man. Of significance, he has 11 five convictions for mischief, a separate 12 conviction for break and enter and commit, and 13 another separate conviction for being unlawfully 14 in a dwelling-house. He also has numerous 15 convictions for offences against the 16 administration of justice; that is, disobeying 17 court orders and failing to comply with 18 undertakings made to the Court. Mr. Wedzin has 19 received custodial sentences, by my count, on 20 four or five different occasions for periods of 21 time ranging up to seven months. 22 In March 2011, Mr. Wedzin was convicted of 23 the serious crime of sexual assault and, at that 24 time, the Court sentenced him to seven months' 25 imprisonment, to be followed by a period of 26 probation of 18 months. The conditions of his 27 probation included a condition that he keep the Official Court Reporters 1 1 peace and be of good behaviour through that 2 period of 18 months. Therefore, in September and 3 October of 2011, when he committed the offences 4 for which he is to be sentenced today, he was 5 free in the community of Behchoko, but he was 6 subject to the terms of the probation order of 7 March 2011. 8 The detailed circumstances of the crimes 9 that he committed in September/October have been 10 provided to the Court today on this sentencing 11 hearing and these have been admitted by 12 Mr. Wedzin. I will briefly summarize the 13 circumstances. 14 Prior to September 9, 2011, the offender and 15 his common-law spouse had been living in the home 16 of his common-law's mother, Elizabeth Sanspariel. 17 About a week prior to September 9th, they were 18 advised by Elizabeth Sanspariel that they could 19 no longer live there. 20 During the night of September 9th, one of 21 the young girls in that residence, Faith 22 Sanspariel, 12 years of age, awoke to find this 23 offender in bed with her. He had apparently come 24 in through a window to the upstairs bedroom. He 25 was intoxicated. He was in bed with the 26 12-year-old and underneath the blanket. The 27 young girl told the offender three times to go Official Court Reporters 2 1 away and he did so after the third time; that is, 2 he left the bedroom, went downstairs and left the 3 house. He did not have permission to be in that 4 house on September 9th. The young girl was, 5 understandably, quite afraid and upset about what 6 transpired in the sanctity of her bedroom. 7 This offender was arrested and charged later 8 that day and was released on September 10th upon 9 signing an undertaking with conditions pending 10 his appearance in court in answer to the charge. 11 The conditions included no alcohol consumption, 12 no contact with Elizabeth Sanspariel or her 13 family, and no attendance at the Sanspariel 14 residence. 15 On October 22, 2011, Elizabeth Sanspariel 16 was sleeping in that residence when she awoke at 17 2:30 a.m. to see Mr. Wedzin standing beside her 18 bed and holding her blanket off of her leg. When 19 Elizabeth Sanspariel confronted him, Mr. Wedzin 20 ran downstairs and left the residence. 21 Ms. Sanspariel called the police and Mr. Wedzin 22 was arrested, and he has been in custody since 23 that time. 24 Mr. Wedzin advises the Court today through 25 his counsel that he was intoxicated at the time 26 of the second incident as well. The prosecutor 27 does not dispute this assertion. Official Court Reporters 3 1 In the context of determining an appropriate 2 sentence, it is an aggravating feature that on 3 September 9th and again on October 22, this 4 offender was subject to the terms of a probation 5 order issued just six months earlier. It is a 6 further aggravating circumstance that after being 7 released on September 10th, that mere weeks 8 later, he committed a similar crime in 9 re-attending at the Sanspariel residence while 10 awaiting trial on the first offence. 11 This offender asked for trial by jury on 12 these offences and requested a preliminary 13 inquiry, which was held in December 2011. Last 14 month he advised the Court through his counsel 15 that he wished to attend in Supreme Court and 16 re-elect mode of trial and enter pleas. Today he 17 attends and has pleaded guilty to these crimes. 18 Although it cannot be characterized as an 19 early guilty plea, his plea today and his 20 acceptance of responsibility for what he has done 21 - in particular, his acknowledgment of the trauma 22 he caused to the Sanspariel children and to 23 Elizabeth Sanspariel - this acts in mitigation of 24 the sentence that would otherwise be imposed. 25 One of the main purposes of the sentencing 26 process is to provide for a peaceful and safe 27 community, and to achieve that purpose, it is Official Court Reporters 4 1 sometimes necessary to separate an offender from 2 the community or from society. In the 3 circumstances of this case, I find that it is 4 necessary to sentence this offender to a 5 meaningful period of incarceration. The public, 6 including the Sanspariel family, needs to be 7 protected from Mr. Wedzin, intoxicated or sober, 8 and that is the Court's primary consideration in 9 determining an appropriate sentence. 10 The Crown is seeking a sentence of 12 11 months' imprisonment followed by a period of 12 probation. With respect, I am not satisfied that 13 anything will be accomplished by adding a period 14 of probation to a custodial sentence in the case 15 of this offender. Mr. Wedzin has been on 16 probation on four earlier occasions, including 17 one year ago for a period of 18 months, and there 18 is no indication that probation had any effect on 19 correcting Mr. Wedzin's criminal behaviour. 20 Mr. Wedzin is 25 years old now and does not 21 need his hand held by a probation officer. He 22 knows, as he has told the Court in the presence 23 of his mom and his grandmother, he knows that his 24 alcohol addiction is at the root of his 25 antisocial behaviour, and it is up to him, a 26 grown, mature man, to address that addiction. He 27 tells the Court today, and again I repeat, in the Official Court Reporters 5 1 presence of his mother and his grandmother, that 2 he wants to get treatment and he says that he 3 will get treatment. 4 When the prosecutor today states that he 5 seeks on behalf of the public a global custodial 6 sentence of 12 months, the prosecutor is being 7 quite fair to Mr. Wedzin - perhaps more than fair 8 - in all of the circumstances of this case that I 9 have referred to. Mr. Wedzin, I hope that you 10 appreciate that. 11 THE ACCUSED: Yeah, I do. 12 THE COURT: These are serious and 13 repetitive crimes. 14 My initial view upon hearing of the 15 circumstances of these two incidents and the 16 criminal record of this offender was that a 17 substantial period of incarceration was called 18 for, well in excess of 12 months; but upon 19 consideration, in all of the circumstances, I 20 will not impose a sentence in excess of what is 21 sought by the public prosecutor. 22 Please stand now, Mr. Wedzin. The sentence 23 of the Court on Count 1, being unlawfully in a 24 dwelling-house on September 9th, 2011, contrary 25 to Section 349 of the Criminal Code, it is the 26 sentence of this court that you be imprisoned for 27 a period of five months. On Count 3, break and Official Court Reporters 6 1 enter and commit mischief on October 22, 2011, 2 contrary to Section 348(1)(b), the sentence is 3 six months' imprisonment, consecutive to Count 1. 4 On Count 5, breach of undertaking, October 22, 5 2011, contrary to Section 145(5.1), the sentence 6 is one month imprisonment, consecutive. That is 7 a total sentence of 12 months' imprisonment. I 8 am going to give you credit of four months for 9 your remand time in custody, so that the net 10 sentence from today is eight months' 11 imprisonment. 12 The warrant of committal that takes you back 13 to the Correctional Centre will include an order 14 that you will have no contact with -- during your 15 custodial sentence of eight months, no contact 16 with Elizabeth Sanspariel, or Faith Sanspariel, 17 or Isabelle Sanspariel, without the written 18 consent of Elizabeth Sanspariel. This order is 19 pursuant to Section 743.21 of the Criminal Code. 20 The clerk will endorse the Warrant of 21 Committal with the Court's finding that the 22 pre-trial custody is 143 days. The sentence that 23 would have been imposed is 12 months, global. 24 Credit of four months for pre-trial custody, and 25 that is a sentence of eight months' custody. 26 In the circumstances of Mr. Wedzin's 27 incarceration and his sporadic record of Official Court Reporters 7 1 employment, there will be no victim fine 2 surcharge in the circumstances. 3 Now, Mr. Wedzin before we close court, I 4 want to tell you that some people will consider 5 that I have been too lenient with you in all of 6 these circumstances. This was serious stuff with 7 your background. You have had lots of chances. 8 But I am satisfied, Mr. Wedzin, from hearing you 9 today that you are sincere in saying the things 10 that you said to the Court about wanting to turn 11 your life around and wanting to deal with your 12 booze problem. You are still young. You have 13 still got your whole future ahead of you. You 14 are a healthy-looking young man. You have got 15 opportunities down there in the Tlicho community 16 and you have everything you need to be a 17 productive citizen of the Tlicho community. This 18 is your chance, and do not be coming back to 19 court because you may not get the leniency again. 20 So do not disappoint your mother and your 21 grandmother. When you are in the jail for your 22 sentence and when you are released, just think 23 about what you said to the Court today. These 24 were your words -- 25 THE ACCUSED: Yeah. 26 THE COURT: -- not mine, not anybody 27 else's. Official Court Reporters 8 1 THE ACCUSED: I want you to take my word for 2 -- I want, I want to... 3 THE COURT: Well -- 4 THE ACCUSED: Like before I didn't mean to 5 -- When I used to say stuff, I didn't do it; but 6 now I want to change that. 7 THE COURT: Well, that is good. You do it 8 for yourself, but do not disappoint your family 9 either. 10 THE ACCUSED: Yeah. 11 THE COURT: You have given them enough 12 hardship. So I wish you luck. Have a seat. 13 Is there anything further, Counsel, on this 14 case? 15 MR. JOHNSON: I don't believe so, Your 16 Honour. Thank you. 17 MR. BRAN: Your Honour, my only -- my 18 only question is the calculation of the remand 19 credit. I was under the understanding it was 20 nearly five months of remand time that Mr. Wedzin 21 was in custody for. 22 THE COURT: Mr. Bran, I am rounding things 23 off here. It is not mathematically one for one. 24 It is four months. If four months is 120 days, 25 that is the credit he is getting on a 12-month 26 sentence. But I use the term "months" for 27 convenience sake. It is four months gross, eight Official Court Reporters 9 1 months net. 2 MR. BRAN: Thank you, Your Honour. 3 THE COURT: The court record will show it 4 was 143 days by agreement, but it does not 5 always, as you know, equate to one for one or one 6 for one point five. That is the Court's 7 decision. 8 MR. BRAN: Thank you. 9 THE COURT: With that, we will close 10 court. 11 ................................. 12 13 14 Certified Pursuant to Rule 723 of the Rules of Court 15 16 17 Jane Romanowich, CSR(A) 18 Court Reporter 19 20 21 22 23 24 25 26 27 Official Court Reporters 10
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