Supreme Court
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Decision information:
Abstract: Transcript of the Reasons for Sentence
Decision Content
R. v. Sikyea, 2013 NWTSC 13 S-1-CR-2012-000033
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE MATTER OF:
HER MAJESTY THE QUEEN
- V -
RUSSELL MICHAEL SIKYEA
_________________________________________________________
Transcript of the Reasons for Sentence by The Honourable
Justice L. A. Charbonneau, sitting in Hay River, in the
Northwest Territories, on the 20th day of February, 2013.
_________________________________________________________
APPEARANCES:
Ms. D. Vaillancourt: Counsel for the Crown
Mr. T. Boyd: Counsel for the Defence
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Charge under s. 348(1)(b) Criminal Code of Canada
INITIALS USED TO PROTECT THE IDENTITY OF THE COMPLAINANT
BAN ON PUBLICATION PURSUANT TO S. 486.4 CRIMINAL CODE
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1 THE COURT: Earlier today I found
2 Mr. Sikyea guilty of break and enter and sexual
3 assault, and now I have to decide what sentence
4 should be imposed for this offence. I summarized
5 the key aspects of the evidence in my reasons
6 for decision earlier today, but I will repeat
7 the facts that I found as part of my decision
8 so that my sentencing decision is placed in
9 proper context.
10 The complainant at the time of these
11 events lived in an apartment in a residential
12 complex in Fort Smith. She lived with her
13 common-law spouse, but he worked at the mine
14 on a two-weeks-in and two-weeks-out shift.
15 The weekend that this incident happened he was
16 out at the mine. His sister M. was staying
17 with the complainant, something that according
18 to the complainant was not unusual.
19 The complainant, M., and another friend
20 spent part of the day on September 11th, 2011,
21 drinking. They were celebrating M.'s birthday.
22 They drank beer and vodka at the complainant's
23 home. They then went to a bar in Fort Smith.
24 The complainant was getting tired so she did not
25 stay at the bar very long. She returned home,
26 and sometime later M. returned to her apartment
27 as well.
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1 The accused had also been drinking at
2 various places that day. He was on his way
3 to another house where he believed there was
4 a party going on, and he walked through the
5 residential complex where the complainant's
6 apartment is. There he came into contact
7 with the complainant and M. I accept their
8 evidence that he knocked on the door of the
9 apartment, and when they answered he told
10 them about the party that he was going
11 to. M. wanted to go to this party, the
12 complainant did not, so she stayed home.
13 The offender stayed at this other house
14 for a period of time, and then he left and he
15 returned to the complainant's home. My findings
16 at trial were that he was not invited inside but
17 made his way inside while the complainant was
18 sleeping on the couch. She barely knew him at
19 the time and in fact needed some assistance
20 to identify him the following day. He was
21 not invited in her home.
22 He took her pants and panties off and
23 started having intercourse with her. She woke
24 up during this and started struggling. She said
25 he was pinning her arms and at one point had his
26 hand on her mouth. She was screaming at him to
27 stop, but he continued. Eventually the assault
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1 ended and he left.
2 The evidence was somewhat unclear as to
3 exactly what happened next and in what order,
4 but sometime the next day the complainant did
5 tell M. and others what had happened. She was
6 not intending to do anything about it, but M.
7 encouraged her to do something. They went to
8 the house where M. and Mr. Sikyea had gone the
9 previous night to confirm the identity of the
10 person who had been there with M.
11 Later they went to the Health Centre and
12 the police were contacted. The complainant
13 underwent a sexual assault examination, which
14 took about two hours. Samples were seized from
15 her and were analyzed. The result of forensic
16 and DNA testing confirmed the presence of semen,
17 which was later matched to the accused; in other
18 words, establishing that there had been sexual
19 contact between the two.
20 Mr. Sikyea was not arrested right away.
21 Police looked for him at various residences in
22 Fort Smith and they eventually obtained a warrant
23 for his arrest. They issued a press release to
24 advise the community that Mr. Sikyea was subject
25 to an arrest warrant and that the police were
26 looking for him. Two weeks later Mr. Sikyea
27 contacted the police essentially turning himself
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1 in.
2 He has been in custody since his arrest on
3 September 25th, 2011, which is five days short
4 of 17 months. He had a show cause hearing a few
5 days after he was arrested and he was ordered
6 detained. The Warrant of Committal was endorsed
7 showing that he was detained primarily because
8 of his criminal record, and this means under the
9 Criminal Code that I do not have any discretion
10 to grant him credit for pre-trial custody on a
11 ratio higher than one day for each day spent on
12 remand.
13 Parliament decided to curtail the discretion
14 of trial judges as far as how much credit can
15 be given for remand time. I understand the
16 submission made by defence counsel, that it does
17 not appear in doing so that Parliament took into
18 account the fact that prisoners on remand do not
19 earn remission. But there is no longer any room
20 to take that factor into account when a person
21 is detained primarily because of their criminal
22 record.
23 As I mentioned in my ruling on the Corbett
24 application, in referring to the fact that it is
25 still part of the Evidence Act that an accused
26 person can be cross-examined on his or her
27 criminal record, in our system of law, subject
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1 to constitutional considerations, the law-making
2 role belongs to Parliament and not the Courts.
3 I think it would be circumventing the role of
4 Parliament for me to reduce a sentence that
5 I would otherwise impose so as to indirectly
6 give more credit for Mr. Sikyea for his remand
7 time than what I am entitled to do under the
8 existing provisions of the Criminal Code.
9 The starting point for any sentencing
10 has to be the principles and purpose of
11 sentencing that are set out in the Criminal
12 Code, Section 718 and the following sections.
13 I have considered those sections this afternoon,
14 although I do not propose to quote them all.
15 I will refer only specifically to the
16 fundamental principle of sentencing, which
17 is proportionality. A sentence should be
18 proportionate to the gravity of the offence
19 and the degree of responsibility of the
20 offender.
21 The gravity of the offence is determined by
22 the facts of the case, but it is also determined
23 in part by how the law treats it. What I mean
24 by this is that the objective seriousness of
25 an offence is shown by the type of sentence that
26 the law says is available for it. The maximum
27 sentence available for break and enter and commit
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1 an indictable offence is life imprisonment,
2 obviously a significant sentence.
3 The invasion of a person's home has always
4 been treated by this Court as an aggravating
5 factor, and by other Courts as well. Now
6 under certain circumstances it is a statutorily
7 recognized aggravating factor under Section
8 348.1 of the Criminal Code. That provision
9 applies here because Mr. Sikyea knew that the
10 dwelling-house was occupied and he committed
11 an offence of sexual assault, a crime that is
12 inherently violent.
13 Even without the break and enter aspect
14 the objective seriousness of the crime of sexual
15 assault, standing alone, is also reflected by
16 the maximum penalty that can be imposed for that
17 offence, which is ten years. Sexual assault
18 on its own is also an objectively very serious
19 crime.
20 The Courts in this jurisdiction have long
21 recognized that sexually assaulting someone by
22 having forced intercourse with them is a very
23 serious type of sexual assault, one where the
24 offender's moral blameworthiness is high, because
25 that type of offence shows the complete and
26 blatant disregard for the personal integrity
27 and dignity of the person assaulted.
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1 For this type of serious sexual assault
2 this Court and our Court of Appeal have
3 repeatedly stated that the starting point in
4 sentencing should be three years imprisonment.
5 This is not a minimum sentence, it is simply
6 a starting point that reflects the seriousness
7 of the offence and the moral blameworthiness
8 of those who commit it, and from the starting
9 point the sentence must be adjusted to reflect
10 whatever mitigating or aggravating circumstances
11 exist.
12 Obviously when such a serious sexual assault
13 also involves the invasion of a victim's home,
14 as is the case here, that is aggravating. It
15 is provided for in Section 348.1, but it would
16 be aggravating even in the absence of that
17 provision. The criminal record of Mr. Sikyea
18 is another aggravating factor, and I will
19 address it in more detail in a moment.
20 There are no mitigating factors here;
21 defence counsel has conceded that. I will
22 give credit, within the parameters that the
23 law allows, to Mr. Sikyea for the time that
24 he has spent in pre-trial custody. The net
25 effect of that will be to reduce the length
26 of the sentence that otherwise would be imposed,
27 but it is not truly a mitigating factor. It is
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1 not something about him or about the offence
2 that makes matters less serious or deserving
3 of a lesser punishment.
4 Mr. Sikyea's aboriginal descent is something
5 that I am required to consider under our law.
6 Parliament, recognizing the overrepresentation
7 of aboriginal offenders in Canadian jails, has
8 included in the sentencing principles that the
9 requirement of restraint, which always applies
10 on sentencing, be given special attention,
11 special effect when dealing with aboriginal
12 offenders. That provision has been interpreted
13 by the Supreme Court of Canada as requiring
14 Courts to approach the sentencing of aboriginal
15 offenders with a different lens, one that takes
16 into account the systemic factors that the
17 offender has faced as an aboriginal person
18 and may have contributed to that person coming
19 into conflict with the law. Courts also have
20 to consider whether a more restorative approach
21 to sentencing is justified and better suited for
22 an offender given their aboriginal background.
23 I accept, based on the submissions of his
24 counsel, that Mr. Sikyea has been exposed to
25 some of the systemic factors that many aboriginal
26 offenders face. His parents went to residential
27 school, his mother abused alcohol and lacked
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1 parenting skills. Fortunately for Mr. Sikyea
2 he had supportive grandparents who raised him
3 and support him to this day, as demonstrated
4 by the fact that his grandmother travelled
5 here this week to attend court earlier in
6 these proceedings.
7 Mr. Sikyea himself turned to alcohol, and
8 it is obvious to me from the evidence we heard
9 at this trial that he suffers from an alcohol
10 problem. Some of the comments that he made to
11 the police officer in his statement, which came
12 out during the trial in the context of his being
13 cross-examined on that statement, reflect the
14 reality that he himself recognized that he
15 gets into trouble when he consumes alcohol.
16 The question, of course, is why he has not
17 done anything to deal with that issue.
18 I am aware of the obligations that fall
19 upon me as a sentencing judge arising from
20 the fact that this offender is aboriginal and
21 of the onus that it places on me to approach
22 his sentencing with a different lens, and I am
23 thankful to counsel for having provided me with
24 information about Mr. Sikyea's background and
25 some of the struggles that he has faced.
26 At the same time, the Supreme Court of
27 Canada has recognized that when dealing with
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1 serious offences and with offenders who pose
2 a serious threat to the community it may not be
3 possible to deal with aboriginal offenders any
4 differently than with non-aboriginal offenders,
5 and I think that is the situation here. Where
6 someone repeatedly commits serious offences
7 that harm fellow community members, which in
8 this jurisdiction are often other aboriginal
9 people, the different approach that the Court
10 has to consider using in dealing with aboriginal
11 offenders cannot result in the imposition of
12 sentences other than jail terms if that is what
13 is required to protect the public.
14 I think defence counsel, who is a very
15 experienced defence counsel, recognizes this,
16 because he is not suggesting otherwise. He is
17 not asking me not to impose a jail term, and it
18 would be very unrealistic if he did. It is very
19 sad that people like Mr. Sikyea are exposed at
20 a young age to difficult circumstances, hardship
21 and abuse. There is little doubt that exposure
22 to such things makes it more likely that they
23 will run into problems with the law, develop
24 addictions and behavioral problems. The Court
25 is not without empathy for that situation and
26 the Court is not without empathy for Mr. Sikyea.
27 Unfortunately, the Court is left today with
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1 dealing with this particular offender and has
2 to be realistic about the risk that he now
3 presents to others. The Court has to be
4 realistic about the abuse that Mr. Sikyea
5 inflicted on this victim, and on his other
6 victims, and of the very real risk that he
7 could harm someone again.
8 The Court has very limited tools to deal
9 with the underlying problems that lead to this
10 conduct as part of a sentencing hearing. In
11 fact, the Court has no tools at all to address
12 those problems. All the Court can hope is that
13 while in jail Mr. Sikyea will have access to
14 services and resources that will help him deal
15 with the underlying issues that he faces.
16 All this to say, this is not a case where
17 the fact that Mr. Sikyea is of aboriginal descent
18 is something that can justify not imposing a
19 jail term, nor do I think under the circumstances
20 that it can justify imposing a shorter jail term
21 than what is required to protect the public
22 and achieve the principles and purposes of
23 sentencing.
24 The Crown is seeking a jail term of seven
25 to eight years. The defence acknowledges that
26 jail must be imposed, and a significant jail
27 term must be imposed, but asks that I exercise
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1 restraint and impose a sentence in the range
2 of five to five and a half years. I raised
3 on my own the issue of whether this was a case
4 that the Court should order that Mr. Sikyea
5 serve at least half of his sentence before being
6 eligible for parole. After having considered its
7 position the Crown is asking me to do just that.
8 The defence is urging me not to given the fact
9 that Mr. Sikyea, when he has not been in jail
10 in recent years, has shown an ability to have
11 initiative, find work, a willingness to put
12 himself out there and re-locate to places
13 where he could find work, and that he has
14 some marketable skills that can assist him
15 in turning his life around if he chooses to
16 do so.
17 The Crown has referred me to three cases
18 in support of its position. Two of them, R. v.
19 Gladue 2011 ABCA 378 and R. v. Janvier 2011 SKCA
20 133, are examples where home invasions were
21 treated as an aggravating factor on sentencing.
22 They are also examples where sentences in the
23 range similar to what is sought by the Crown
24 here were imposed. But there are several
25 distinguishing factors between this case and
26 those two cases, and I agree with defence counsel
27 that they are not of significant assistance in
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1 supporting the range of sentence that the Crown
2 seeks.
3 What I mean by that is that those sentences
4 of seven years in those cases may well have been
5 appropriate, but from the reasons that led to
6 those sentences being imposed it seems that
7 the considerations that led to that range
8 were different, even though what is common to
9 the three cases is the home invasion element.
10 For example, things like the use of a weapon,
11 the existence of a spousal or trust relationship
12 between the offender and the victim, prior
13 violence against the same victim, are all things
14 that would be significant aggravating factors and
15 are not present here. On the other hand, in this
16 case the offender has a prior related conviction
17 for a sexual offence, a fact that does not appear
18 to have been present in either of the two cases
19 filed. So the cases are distinguishable.
20 The sentencing decision that relates to
21 Mr. Sikyea's previous sexual assault conviction,
22 though, is significant, and it is significant for
23 a number of reasons. First, the sentence imposed
24 in that case was five years. The actual further
25 jail term imposed was less than that because of
26 the remand time, but the Court concluded that
27 a fit sentence in that case was five years.
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1 That is a significant sentence, even after
2 trial, for someone with the relatively limited
3 criminal record that Mr. Sikyea had at that
4 time. That sentence was imposed for an offence
5 of sexual assault only, because the jury did
6 not find Mr. Sikyea guilty of break and enter;
7 although to be fair, the Court did treat the
8 fact that this happened in the complainant's
9 home as an aggravating factor.
10 But more importantly, the information
11 disclosed in the decision from 2005 about
12 some of Mr. Sikyea's other convictions is very
13 disturbing. The Crown has referred to this in
14 her submissions, but for the purpose of these
15 reasons for sentence I think it is important
16 that I refer to it as well, and I am quoting
17 from page 4 of the decision where the Court
18 is talking about the record. Of course, the
19 Court is talking at that point about some of
20 the convictions that pre-date 2005. The Court
21 said:
22
23 There are four instances where
24 Mr. Sikyea got into a home without
25 permission, and in each case was
26 found in the bedroom, or the doorway
27 of the bedroom, of a sleeping woman
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1 or young girl. In one instance,
2 the mischief conviction in March of
3 2003, the circumstances were similar
4 to this offence in that the victim
5 was sleeping on a mattress on the
6 floor with her boyfriend on a couch
7 nearby, and she awoke to find
8 Mr. Sikyea on the mattress beside
9 her.
10
11 In none of those prior instances
12 did Mr. Sikyea sexually assault
13 the victim, but of course, however,
14 that may have been only because
15 she did wake up. Clearly, however,
16 it has to be of concern that
17 Mr. Sikyea has been so often
18 found lurking and watching around
19 sleeping women.
20
21 Evidently this information was disturbing
22 to the Court in 2005. Knowing now that there
23 was a further instance where Mr. Sikyea broke
24 into a residence and sexually assaulted a person
25 who was in a vulnerable state, sleeping and
26 alone, it is of great concern to this Court
27 today. In the 2005 sentencing it appears from
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1 the reasons for sentence that Mr. Sikyea attacked
2 a woman who was sleeping next to her boyfriend,
3 and it also appears from the decision that when
4 that woman woke up and started screaming at him
5 he left.
6 In the trial I heard this week the victim
7 was more vulnerable because she was alone in the
8 house, and Mr. Sikyea knew that. In addition,
9 when she woke up and started to resist he did not
10 leave. He overpowered her and continued what he
11 was doing. That type of escalation, to my mind,
12 is of great concern.
13 There are similarities between the crime
14 that I must now sentence Mr. Sikyea for with
15 the crime that led to his 2005 sentencing.
16 As I said, there are differences, but they
17 are not in Mr. Sikyea's favour: There was
18 a greater vulnerability on the part of the
19 victim, and more force was used once she
20 woke up.
21 Restraint is an important sentencing
22 principle. A sentence should never be longer
23 than what is required to achieve the objectives
24 of sentencing and uphold sentencing principles
25 that govern the Court. Mr. Sikyea has already
26 received a significant jail term for this type
27 of crime, and even after serving that long
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1 sentence, apart from the offence I am sentencing
2 him for today, he has not stayed out of trouble.
3 He has involved himself with drugs and he has
4 committed other offences. That, combined with
5 what he did in September of 2011, suggests that
6 he continues to present a very real threat for
7 the safety of his community.
8 The paramount sentencing consideration
9 here has to be the protection of the public.
10 General deterrence and denunciation are also
11 important factors and principles because of
12 the prevalence of the crime of sexual assault
13 in the Northwest Territories. Unfortunately,
14 this Court has numerous occasions to comment
15 on the prevalence of this type of offence.
16 It is disconcerting how frequently sexual
17 assaults occur in this jurisdiction, and it
18 seems that no matter how many times the Court
19 talks about denouncing that behavior and the
20 harm it causes it continues to happen.
21 Going back to what I said before, the
22 Court only has limited tools to respond, and
23 all it can do is continue to respond sternly
24 when these types of crimes are committed.
25 I do not know what it will take for Mr. Sikyea
26 to change his ways. He has five children and
27 he is still quite young. He is able to work
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1 and he obviously has some good skills and good
2 potential. I do not doubt, as he told the police
3 and to some extent as he said during the trial,
4 that alcohol is a big contributor to him getting
5 into trouble.
6 But, as the judge found in 2005, I am unable
7 to accept that alcohol is the only reason. Many
8 people drink, sometimes too much, and do not
9 go out breaking into people's home and raping
10 them. There are deeper issues here. I am not
11 a psychologist, psychiatrist or an expert in
12 such things, but it is evident from the criminal
13 record that there are deeper issues here. The
14 Court pointed this out when sentencing Mr. Sikyea
15 over seven years ago, and unfortunately I have to
16 point that out to him again today.
17 In the 2005 decision the Court noted that
18 Mr. Sikyea had only been out of jail for a few
19 days from his previous sentence when he committed
20 that sexual assault. On that matter he was
21 on remand until his trial and then received a
22 lengthy jail term. I do not know when he was
23 released from that sentence, but looking at his
24 subsequent offences and the fact that there was
25 remand time on those as well, it is clear that
26 he has spent a good portion of the last decade
27 in custody.
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1 I heard earlier today that he was released
2 from his last sentence of two years less a day
3 in June of 2011. He committed this offence that
4 I am sentencing him for today within a matter of
5 months. The sad conclusion I have to draw from
6 this is that he continues to be a serious threat
7 to members of his community. The offence he
8 committed in 2011, like the one for which he
9 was sentenced for in 2005, was predatory in
10 nature, it was serious and it caused great harm.
11 I do not have the benefit of a victim impact
12 statement in this case, but as I mentioned in
13 my reasons for decision on the trial, I observed
14 the complainant during her testimony. I saw the
15 emotional and physical reactions that she had
16 while she was talking about these events, and it
17 is obvious that she remains affected by it until
18 this day.
19 Mr. Sikyea was entitled to have a trial and
20 he should not be punished more harshly because he
21 exercised that right. But his evidence at trial
22 shows that he is completely unwilling to take
23 any responsibility for his actions. He put the
24 entire responsibility for these events on the
25 complainant. Until and unless he is willing
26 to face his own responsibility for things, until
27 he deals not only with his alcohol problem but
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1 also whatever underlying problems are making him
2 target women in this way, he will continue to be
3 a threat.
4 The Court does hope that he will get help
5 during this sentence, that he will make the most
6 of that help to address the underlying issues
7 that make him act this way, because as I said the
8 Court is not without empathy for the struggles he
9 has faced growing up, and the Court is aware that
10 the road to recovery from such things is a long
11 one. But the Court would be remiss in its duty
12 if it did not recognize the seriousness of this
13 conduct and the threat that he poses.
14 The sentence imposed in 2005 should not
15 be treated as a minimum sentence or a starting
16 point, and to that extent I agree with defence
17 counsel. The so-called step principle or jump
18 principle in many ways is not really a principle
19 in my view; it is more a recognition of the
20 logical fact that if someone commits the same
21 offence over and over again and persists in the
22 conduct that person can expect to be dealt with
23 more severely over time. Recidivists are treated
24 more severely than first offenders.
25 But when I apply the three-year starting
26 point that I am bound to apply, when I note
27 the absence of mitigating factors and I take
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1 into account the aggravating factors, including
2 the criminal record, when I take into account
3 Mr. Sikyea's own circumstances, I conclude that
4 the sentence to be imposed this time has to be
5 more significant than the sentence that was
6 imposed the last time for essentially a very
7 similar offence.
8 However, after consideration I have
9 decided not to exercise my discretion to delay
10 Mr. Sikyea's eligibility for parole pursuant
11 to Section 743.6 of the Criminal Code. I have
12 reviewed the decision of R. v. Zinck [2003]
13 1 S.C.R. 41 of the Supreme Court of Canada
14 where that provision was interpreted, which has
15 reminded me of some of the governing principles
16 that must be taken into account when making this
17 type of decision. It is a provision that should
18 be used in rare circumstances.
19 After some hesitation, because I am
20 concerned about the risk that Mr. Sikyea
21 presents to the public, considering that he
22 will be in jail for a lengthy period of time,
23 I have concluded that the monitoring of his
24 progress, the assessment of his risk level,
25 is better left with the correctional authorities
26 and the people who will have day-to-day contact
27 with him over a period of time.
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1 But in order to make sure that those
2 authorities are aware of my concerns and
3 aware that these concerns stem not just from
4 what happened in 2011, but for the pattern that
5 has emerged since 2003 and possibly before that,
6 I am going to direct that a copy not only of the
7 transcript of my reasons for sentence, but also
8 a copy of my reasons for judgement in this case,
9 and a copy of the 2005 reasons for sentence
10 from this Court, that all of these materials
11 be provided to the correctional authorities.
12 I can only hope that with this information
13 and other information the authorities will
14 be able to gather that they will ensure
15 that Mr. Sikyea is exposed to the type of
16 programs and treatment that he needs to get,
17 if possible to get to the root causes that
18 underlie his conduct. Because otherwise it
19 is almost inevitable that at some time in the
20 future there will just be another victim, and
21 if Mr. Sikyea is convicted again of something
22 like this he will find himself at the receiving
23 end of an application to have him declared a
24 dangerous offender and the Crown seeking to have
25 him incarcerated indefinitely. And that is not
26 something that is in Mr. Sikyea's best interest.
27 So the only positive thing that I can think of
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1 that could come out of the sad events that led
2 to this case is if it can be a turning point
3 for him.
4 I will grant the ancillary orders that the
5 Crown has sought. First of all, there will be
6 a DNA order because this is a primary designated
7 offence. There will be an order that Mr. Sikyea
8 comply with the Sexual Offender Information
9 Registration Act. This requirement will be
10 in force for the rest of his life because he
11 has already been subject to an order as far
12 as the 2005 sentence. For a subsequent order
13 it has to be for life.
14 There will be a firearms prohibition order.
15 Now, the Crown has asked that it be consecutive
16 to the existing order which was made in relation
17 to the 2005 sentence. Because I do not know
18 on what date Mr. Sikyea was released from
19 that sentence I do not know when that firearm
20 prohibition order will expire. But the intent
21 is that the order that I make today expire ten
22 years after the expiration of the existing one.
23 So Mr. Clerk, the wording should be that the
24 order commences today and expires ten years
25 after the expiration of the order made in 2005.
26 There will not be a victim crime surcharge
27 in this case because of the amount of time that
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1 Mr. Sikyea has spent on remand and the length
2 of the jail term that I will impose on him today.
3 There will be an order for the return of
4 any exhibits seized that are appropriate to be
5 returned to their rightful owner. Any other
6 exhibits will be destroyed, but all of this
7 of course only at the expiration of the appeal
8 period.
9 Mr. Sikyea, stand up, please.
10 Mr. Sikyea, it gives me no joy at all to
11 send someone to jail for a long time, but based
12 on everything I heard this week I feel I have
13 no choice. For the break and enter and sexual
14 assault that you committed I have decided that
15 a fit sentence is a sentence of seven years.
16 I am going to give you credit for 17 months
17 for the time that you spent on remand, pre-trial
18 custody. So there will be a further jail term
19 of five years and seven months. You can sit
20 down.
21 Are there any questions, counsel, or any
22 requirements for clarification or anything that
23 I have overlooked?
24 MR. BOYD: Nothing from the defence, Your
25 Honour.
26 MS. VAILLANCOURT: Nothing from the Crown, Your
27 Honour.
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1 THE COURT: Thank you. Before we close
2 court I want to thank counsel for your work on
3 this case and your professional conduct of it,
4 and the court staff for their work, particularly
5 my thanks to Mr. Court Reporter for assisting me
6 with a transcript of the evidence. With that we
7 will close court.
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10 Certified to be a true and
accurate transcript, pursuant
11 to Rules 723 and 724 of the
Supreme Court Rules.
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14 Joel Bowker
Court Reporter
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Official Court Reporters
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You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.