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Abstract: Transcript of the Reasons for Sentence
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R. v. Minoza, 2012 NWTSC 76 S-1-CR-2012-000055
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE MATTER OF:
HER MAJESTY THE QUEEN
- v -
RAYMOND MINOZA
__________________________________________________________
Transcript of the Reasons for Sentence delivered by The
Honourable Justice K. Shaner, sitting in Yellowknife, in
the Northwest Territories, on the 18th day of October,
A.D. 2012.
__________________________________________________________
APPEARANCES:
Mr. D. Rideout: Counsel for the Crown
Mr. T. Boyd: Counsel for the Accused
(Charges under s. 348(1)(b) and 811 Criminal Code of Canada)
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1 THE COURT: Well, having heard your
2 submissions, Mr. Rideout, and yours, Mr. Boyd,
3 and having heard the facts -- and perhaps before
4 I go any further, I will ask the clerk to enter a
5 conviction with respect to the charge of break
6 and enter and committing mischief, and confirm
7 that stays will be entered with respect to the
8 other charges.
9 I believe that it is an appropriate -- it is
10 appropriate for the custodial part of this
11 sentence to be nine months and that be calculated
12 as time served in accordance with the remission
13 considerations that you brought up.
14 With respect to probation, in the
15 circumstances, I think it would be appropriate
16 for there to be a period of probation so that
17 Mr. Minoza can perhaps have some assistance, if
18 nothing else, in easing back into his former
19 life, and so I will order that there be probation
20 for 18 months, and the conditions of that
21 probation will be that Mr. Minoza -- and these
22 are in addition to the statutory conditions - that
23 Mr. Minoza attend counselling for anger
24 management, that he have no contact with
25 Ms. Minoza if he is under the influence of
26 alcohol or drugs.
27 I will make the DNA order, and there will be
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1 a firearms prohibition, but as it is subject to
2 the ability to apply for an exemption under 113
3 so that Mr. Minoza is still able to hunt for
4 sustenance.
5 Now, in coming to this conclusion, I do note
6 that there are some aggravating circumstances,
7 one of which is that this is a domestic assault
8 type matter, and the Court takes family violence
9 very, very seriously. The fact that, as
10 Mr. Rideout indicated, the victim was essentially
11 locked in her bathroom as a prisoner in her own
12 house while this was taking place is extremely
13 aggravating, but it is mitigating that Mr. Minoza
14 has pleaded guilty and taken responsibility for
15 his actions, and I am also encouraged by
16 Mr. Minoza's willingness to attend counselling
17 and confront some of the issues that have led to
18 the earlier offences, and this offence as well.
19 So, Mr. Minoza, can you please stand. I
20 sentence you to nine months in custody, which,
21 with credit for time served, means that you have
22 fulfilled that aspect of your sentence, and I
23 also sentence you to 18 months of probation under
24 the conditions that I just listed. Do you
25 understand this sentence?
26 THE ACCUSED: I'm little bit hard --
27 THE COURT: Okay. You are sentenced to
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1 nine months in jail. But you have already served
2 that, so you do not have to go back to jail. You
3 also are going to be on probation for the next 18
4 months, and the conditions of that probation are
5 that you will attend counselling, as you agreed
6 to do, for anger management; you will not have
7 contact with Joanne Minoza while you are under
8 the influence of drugs or alcohol; you will
9 consent to a sample being taken for the purposes
10 of DNA analysis; and you will be subject to a
11 firearms prohibition. However, you will be at
12 liberty to apply to have a firearm for the
13 purpose of hunting. Do you understand that?
14 THE ACCUSED: Yes.
15 THE COURT: And your lawyer can explain
16 the other statutory conditions of your probation
17 to you. Okay? Do you understand?
18 THE ACCUSED: Yes.
19 THE COURT: All right. You can sit down.
20 THE COURT CLERK: Could I just confirm whether
21 it was a conviction only on the count 1, break
22 and enter and mischief, or count 3.
23 THE COURT: It is a conviction on the
24 count 1, break and enter, mischief. And count 3?
25 MR. RIDEOUT: Count 3, Your Honour, yes.
26 THE COURT: The breach of condition --
27 breach of recognizance. Thank you. Is there
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1 anything else?
2 MR. BOYD: Thank you, Your Honour, for
3 accommodating counsels' schedules this week and
4 having this heard on Thursday.
5 MR. RIDEOUT: Thank you, Your Honour.
6 THE COURT: We'll adjourn. Thank you
7 Mr. Minoza.
8 THE COURT CLERK: All rise. I declare the
9 Supreme Court court closed.
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13 Certified Pursuant to Rule 723
of the Rules of Court
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Jane Romanowich, CSR(A)
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