Decision Content
R. v. Beaulieu, 2017 NWTSC 44 |
S-1-CR-2015-000131 |
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE MATTER OF:
HER MAJESTY THE QUEEN
- v -
WILLIAM BEAULIEU
_________________________________________________________
Transcript of the Reasons for Sentence delivered by The
Honourable Justice V.A. Schuler sitting in Fort Smith, in
the Northwest Territories, on the 18 day of May, 2017.
_________________________________________________________
APPEARANCES:
Mr. |
B.W. |
Green: |
Counsel |
for |
the |
Crown |
Mr. |
C.B. |
Davison: |
Counsel |
for |
the |
Accused |
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THE COURT CLERK: |
Court is now reconvened. |
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Please be seated. |
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THE COURT: |
Good morning. |
Before I |
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proceed to sentence Mr. Beaulieu, do counsel have |
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anything further? |
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MR. GREEN: |
I think the only issue we left |
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unresolved yesterday, Your Honour, was the |
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application of the victim of crime surcharge. I |
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looked into this last night, and the -- the |
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mandatory wording came into force in October of |
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2013. |
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THE COURT: |
And -- and is still in force, |
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I take it? |
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MR. GREEN: |
And is |
still in force, yes. |
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THE COURT: |
Okay. |
Good. |
All right. |
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Do you agree with that? |
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MR. DAVISON: |
I do, yes. |
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THE COURT: |
All right. So I -- I need not |
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do anything, it applies automatically, or do I |
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still need to make the order? |
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MR. GREEN: |
I -- I think the practice is |
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to make the order on the record, yeah. |
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MR. DAVISON: |
Yes. |
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THE COURT: |
William Beaulieu now stands |
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convicted on the single-count Indictment that is |
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before the Court. |
He is convicted of having |
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committed an aggravated assault on Martin -- |
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Marlin Shae, |
and an aggravated assault on Daniel |
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Jackson, in two separate incidents on the same |
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night into the early morning hours from September |
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16 to 17 -- excuse me, 2015. |
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Although I have not yet filed written |
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reasons for conviction, as I indicated I will do, |
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I have heard |
submissions on sentence and -- and |
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will now pronounce the sentence. |
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I will deal first with the circumstances of |
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the offence. |
On the night in question, |
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Mr. Beaulieu |
was drinking, contrary to one of the |
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terms of the |
probation order he was on at the |
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time. He was outside Rocky Beaulieu's house, |
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here in Fort |
Smith, and came up behind Marlin |
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Shae and hit |
and kicked him. |
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The only evidence of a possible motive comes |
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from what Daniel Starr said Mr. Beaulieu told |
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him, that he |
beat up a guy who was going in and |
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out of Rocky |
Beaulieu's house. Presumably, this |
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was objectionable to either or both Rocky |
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Beaulieu and |
William Beaulieu. |
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Mr. Shae suffered serious injuries, multiple |
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facial fractures, a skull fracture, and an |
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epidural hematoma. He had a laceration to the |
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back of his head that required five stitches to |
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close. |
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He testified that his eye throbbed for a |
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month or two after the assault, and he lost |
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feeling in the side of his face for a while. He |
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also had sore ribs for about a month. |
He was |
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treated in hospital in Edmonton but did not have |
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surgery. |
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Later, in the early morning hours of |
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September 17, 2015, William Beaulieu met up with |
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Lorne Napier and Daniel Jackson. They ended up |
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drinking in Daniel Jackson's basement. |
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Mr. Jackson wanted everyone to leave. |
He and |
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Mr. Beaulieu argued and Mr. Beaulieu punched or |
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hit him in the face two or three times. |
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Mr. Jackson did not fight back, and, after a few |
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minutes and some further words exchanged between |
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them, Mr. Beaulieu hit him in the face again, two |
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or three times. |
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Mr. Jackson's injuries were a fractured |
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cheek bone and eye socket. He testified that he |
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continues to suffer numbness in the right side of |
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his face and his jaw. |
He was sent to Edmonton |
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for treatment, he did not require surgery. |
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Subsequent to the assault on Mr. Shae, |
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Mr. Beaulieu told Mary Abraham and Daniel Starr |
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about that assault. |
Mary Abraham did not |
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describe Mr. Beaulieu as bragging about the |
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assault, just that he said, "I just beat the shit |
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out of Marlin Shae". |
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Daniel Starr did describe Mr. Beaulieu as |
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bragging that he beat up and kicked the guy going |
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in and out of Rocky's. |
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I accept that Mr. Beaulieu was bragging or |
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boasting, at least to Mr. Starr. He may have |
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been, in effect, boasting when he told |
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Ms. Abraham. He clearly was not telling them |
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about the assault on Mr. Shae in the hopes that |
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they would get help for Mr. Shae. |
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Mr. Beaulieu was arrested on these matters |
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on October 1st, 2015, and has been in custody |
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since then; a period of 19 months and 17 days. |
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As to Mr. Beaulieu's circumstances, I have the |
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benefit of a very thorough presentence report. |
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Mr. Beaulieu is now 40 years old, he is |
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Métis. |
His childhood can be described as truly |
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sad and terrible. The family was split up, he |
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was exposed to alcohol and drug abuse and general |
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chaos in his mother's home. |
He was apprehended |
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by Social Services. |
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When he was 13 years old, both his parents |
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who had separated by then, died violent deaths |
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within a month of each other. |
He was moved |
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around among family members, and, eventually, |
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adopted by his grandparents and spent some time |
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on the land with his grandfather, who was a |
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trapper. |
He was sexually abused by a female |
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relative and later |
by another youth at a |
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treatment centre. |
He was physically disciplined |
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by being slapped by various relatives. |
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He started getting into trouble with the law |
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around age 13. He reports that he began |
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experimenting with alcohol at age 8 or 9, and |
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drugs at age 13. |
Mr. Beaulieu has suffered |
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further tragedy and trauma as an adult arising |
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out of the deaths of other relatives, and also |
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some close relatives suffering sexual assault. |
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He has been through homelessness and he has |
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lacked financial stability. |
He has several |
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children, but does not see all of them, nor do |
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they all live in Fort Smith. |
He has been in a |
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common-law relationship since 2011, and, prior to |
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being arrested, lived with his common-law spouse, |
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their biological child, and some of her five |
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children. Although it is reportedly a committed |
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relationship, Mr. Beaulieu and his spouse have |
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struggled to maintain a home and resources to |
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raise their family. |
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Mr. Beaulieu has had employment as a |
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labourer, and is considered by at least one |
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employer who was interviewed by the probation |
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officer as a hard worker. |
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Mr. Beaulieu also has a lengthy criminal |
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record, beginning with a conviction for assault |
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in 1992, when he would have been 15 years old. |
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As a youth, he also had convictions for sexual |
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assault in 1993, break and enters, breaches of |
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court orders, and then robbery and escaping |
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lawful custody spanning the years 1993 to 1994. |
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He received, as punishment, various short |
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terms of secure custody, but, for the robbery, |
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was given |
two years and six months secure |
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custody. |
But the facts of the robbery are not |
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before me, but I would assume, in the |
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circumstances, that it was fairly serious. |
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As an adult, he has convictions for break |
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and enter, mischief, and other property crimes |
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from 1998 to 2013. But of more concern on this |
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sentencing are his adult convictions for assault. |
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First, the conviction for assault causing bodily |
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harm in 2000 for which Mr. Beaulieu received four |
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years in jail. Although I have not been told any |
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facts of that offence, the sentence suggests that |
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it was very serious. |
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Then there was an assault in 2006 for which |
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Mr. Beaulieu was sentenced to a jail sentence of |
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eight months and probation for two years. There |
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is a conviction in 2010 for uttering threats for |
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which 14 months jail was imposed concurrent to |
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sentences imposed on other offences. There is a |
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conviction in 2011 for an assault for which he |
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was sentenced to five months jail and 12 months |
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probation. |
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Mr. Beaulieu also has convictions as an |
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adult in 1998 and 2010 for carrying a concealed |
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weapon and possession of a weapon for a purpose |
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dangerous to the public peace. |
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The crimes of violence, the assaults, and |
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the threats, are, obviously, relevant as they |
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disclose a continuing pattern -- pattern of |
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violent behavior by Mr. Beaulieu against other |
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people. |
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I note that his last conviction of September |
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4, 2013, for two break and enters and taking a |
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motor vehicle without consent, resulted in a |
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total 24-month conditional sentence order, |
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followed by |
a suspended sentence of 18 months |
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probation. |
Mr. Beaulieu was still on that |
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probation when he committed the offence for which |
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I must now sentence him. |
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Although he was, according to the |
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presentence report, able to do quite well on the |
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conditional sentence order, it was not long at |
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all after it expired, in fact, by my |
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understanding, it would just have been a matter |
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of days that Mr. Beaulieu committed the assaults |
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on Mr. Shae and Mr. Jackson. |
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I accept, as the presentence report |
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indicates, as do the certificates that were filed |
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as Exhibit S-3, documenting Mr. Beaulieu's |
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completion of anger management and substance |
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abuse and other programs, that Mr. Beaulieu has |
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made an effort to change his behavior and his |
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life. |
He seems to have some insight into his |
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behaviour and the bad choices he makes, |
as |
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referred to in the presentence report. |
However, |
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there is definitely an angry side to |
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Mr. Beaulieu, one that seeks to blame others, as |
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revealed in his interview with Constable Long. |
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The aggravating factors in this case are, |
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first: |
That Mr. Beaulieu was on probation at the |
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time of the assaults. With respect to the |
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assault on Mr. Shae, it is aggravating that he |
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came up behind him, leaving him no opportunity to |
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defend himself. The fact that after assaulting |
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Mr. Shae, he went on to assault Mr. Jackson, is |
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also an aggravating circumstance, as is |
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his bragging to Mr. Starr about assaulting |
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Mr. Shae. And, of course, assaulting Mr. Jackson |
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in Mr. Jackson's own home is an aggravating |
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circumstance. |
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As to mitigating factors, normally, a guilty |
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plea is mitigating and will result in some and |
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often substantial reduction in the sentence that |
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would otherwise be imposed. And that is because |
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it indicates remorse, and that the offender is |
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taking responsibility for his actions. In this |
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case, Mr. Beaulieu tried, unsuccessfully, to have |
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his guilty plea withdrawn, and so I do not |
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consider and cannot consider that the plea |
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indicates remorse. |
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We did have a hearing on the facts, although |
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it was somewhat shorter than a full trial would |
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likely have been because the Rules of Evidence |
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are less stringent at this type of hearing. |
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I do want to make it clear that I am not |
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punishing Mr. Beaulieu for attempting to withdraw |
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his guilty plea, but that guilty plea, as a |
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result, simply does not have the mitigating |
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effect that it would otherwise. |
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I do take into account Mr. Beaulieu's |
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statement yesterday here in court that he is |
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sorry for what he has done. I take into account |
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the Gladue and Ipeelee factors, which apply |
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because of Mr. Beaulieu's Métis heritage. |
I have |
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no doubt that Mr. Beaulieu is caught in a cycle |
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of alcohol, negative effects from his terrible |
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childhood, violence, and other challenges common |
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in Aboriginal communities, and that these |
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challenges have led him to where he is now. |
But |
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because of the serious effect his behaviour has |
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on other individuals, as in this case, and his |
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apparent inability, even as he was reaching his |
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40s, to break that cycle and overcome his violent |
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behaviour, there is no question that the |
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community has to be protected from him. |
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I do not ignore the prospect of |
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rehabilitation because Mr. Beaulieu has made |
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efforts, as I said. However, at his age, and |
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with the seriousness of the assaults, |
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rehabilitation simply cannot be the Court's |
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primary concern. |
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The fact that any aggravated assault is to |
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be considered and treated as serious, is |
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reflected in the fact that parliament has set a |
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maximum sentence for aggravated assault at 14 |
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years in jail. |
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I agree completely with Crown counsel's |
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submission that when an assault involves kicks or |
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punches to the head, it is only luck that the |
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assault does not result in death and a homicide |
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charge because of the vulnerability of that part |
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of the body. |
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The principles of sentencing are well-known. |
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They include rehabilitation, which I have already |
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mentioned. |
They include denunciation and |
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deterrence. |
Clearly, individual deterrence, in |
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other words, deterring Mr. Beaulieu from |
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committing further offences, has to be an |
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objective in this case. |
A sentence must be |
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proportionate to the gravity of the offence and |
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the degree of the responsibility of the offender. |
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Here, as I have said, the assaults are |
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serious. They are grave. |
Mr. Beaulieu, after |
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all these years, must know that when he drinks, |
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he is aggressive and violent. He knew he was not |
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supposed to be drinking because his probation |
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prohibited it, yet he drank and then attacked |
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these two individuals, whom he did not even know. |
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That is very blameworthy conduct. |
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I am satisfied, however, that the assaults |
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were not premeditated, rather, they were likely |
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spur-of-the-moment or uncontrolled reactions by |
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Mr. Beaulieu to things that he did not like. For |
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example, Mr. Shae being at Rocky Beaulieu's |
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house; Mr. Jackson wanting everyone out of his |
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home. |
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I also have to consider restraint pursuant |
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to section 718.2(e) of the Criminal Code, and |
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consider whether any sanctions, other than |
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imprisonment, would be appropriate, especially |
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because Mr. Beaulieu is Aboriginal and his |
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circumstances give rise to the principles in |
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Gladue. |
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In this case, it is clear that a sentence of |
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imprisonment is called for, but the restraint |
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factor is relevant to its length and I will bear |
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that in mind. |
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Counsel have submitted a number of cases, |
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all of which I have read. I concur with the |
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remarks made by Justice Shaner in R. v. Thorn, |
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2013 NWTSC 8, that the range of sentences for |
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aggravated assault is very broad, which reflects |
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that such assaults can take many forms and |
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individual circumstances have to be taken into |
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account. |
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The assaults, in those cases, raise -- range |
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from a matter of months; for example, the |
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Jeremick'ca case, to several years, for example, |
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the Thorn case, which illustrates how widely |
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sentences for aggravated assault, even with |
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serious consequences to the victim, can vary. |
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In this case, Crown counsel seeks a sentence |
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of eight years, less credit for remand time, |
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which he concedes should be credited at a rate of |
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1.5 to 1. Defence counsel seeks a sentence of |
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between 30 and 36 months, less credit for remand |
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time. |
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Considering there were two assaults, the |
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Crown's position would effectively reflect a |
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four-year sentence before remand credit for each |
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of the assaults, which was the sentence imposed |
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on Mr. Beaulieu for assault causing bodily harm |
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in 2000, some 17 years ago. The defence |
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submission would reflect a sentence of 15 to 18 |
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months on each of the assaults. |
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After his four-year sentences for assault |
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causing bodily harm -- sorry, after his four-year |
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sentence for assault causing bodily harm was |
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imposed in 2000, the two assaults of which |
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Mr. Beaulieu was later convicted resulted in |
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eight months and then five months plus probation. |
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So I can reasonably conclude that they were much |
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less serious assaults than the one that resulted |
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in the four-year sentence. |
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It is of great concern that Mr. Beaulieu |
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now, again, with the assaults that I am dealing |
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with today, |
has increased the seriousness of his |
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behaviour. |
When he spoke to the Court yesterday, |
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he said that he is learning in regarding to |
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controlling his behaviour, but, clearly, he still |
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has a lot to learn, and he has -- he now is at an |
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age where he has to learn, or he will not be |
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spending much, if any, time in the community. |
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I want to refer to Mr. Beaulieu 's testimony |
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at the plea withdrawal hearing, and in that |
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testimony, when he was talking to -- or speaking |
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to the Court about the night in question, he |
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stated that he was drinking at his auntie's place |
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where he had gone with his spouse and children, |
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and, of course, |
he was not supposed to be |
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drinking at all, and should not have been |
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drinking in the |
presence of the children. Then |
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you all went -- |
then Mr. Beaulieu, his spouse, |
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and the children went home, they put the children |
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to bed, and Mr. Beaulieu had a couple more beer. |
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Then, he testified, at |
the plea withdrawal |
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hearing, he went out. |
And when asked by Crown |
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counsel, at that hearing, Why did you leave home? |
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His answer was, |
I don't know. I wanted to go out |
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and drink. |
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So the problem is, Mr. Beaulieu, that you |
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put drinking before your family. |
That is really |
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the root of the |
problem. And there has been -- |
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there have been |
submissions made by your lawyer, |
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which I accept, |
that witnesses say you are a good |
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father. You speak about your family in the |
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presentence report, and you talk about wanting to |
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be a good father, but you are not putting your |
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family first by |
this behavior, and that is |
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something that you really need to spend a lot of |
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time thinking about. |
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Stand, please, Mr. Beaulieu. |
In my view, |
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considering all |
of the circumstances, all of the |
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factors, and, in particular, the circumstances of |
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the offences, and Mr. Beaulieu's criminal record, |
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it would not be |
inappropriate to impose a |
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sentence of two years on the first assault, the |
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one on Mr. Shae; and three years consecutive on |
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the second assault, the one on Mr. Jackson. |
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Because, as I said, it is an aggravating factor |
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that having assaulted Mr. Shae, he went on, and, |
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essentially, did it again. That would be a total |
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sentence of five years. I have considered that |
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carefully, and considered it globally, and, in my |
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view, that is still an appropriate total sentence |
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for Mr. Beaulieu's violent actions that night. |
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With credit of 29 months and eight days for |
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remand time, that leaves a sentence of 30 months, |
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plus 22 days, by my calculation, left to serve. |
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And so that is the sentence that I impose today. |
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There will also be a firearm and other |
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specified weapons prohibition order pursuant to |
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section 109 of the Criminal Code that will |
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commence today and expire ten years of |
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Mr. Beaulieu's release from imprisonment. |
And |
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there will be the usual order for the taking of |
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Mr. Beaulieu's DNA, and the application of the |
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victim surcharge. |
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So, Mr. Beaulieu, I cannot -- you may sit |
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down now. |
I cannot tell you how to conquer |
your |
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demons. |
I do not know what the answer is. |
You |
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did well on the conditional sentence order, |
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apparently, but, for some reason, you just could |
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not stick with it. |
And, as I have already said, |
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you left your family |
at home and you went out and |
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you drank, and you must have known, based on your |
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past behaviour, that |
that could lead to nothing |
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but trouble, nothing |
but trouble. Only you know |
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why you |
did that, why you chose to do that that |
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night. |
I -- |
I do not know. |
I cannot tell why |
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you did it. |
But, as |
I said, you have to keep in |
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mind that when you do that sort of thing, you are |
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not putting your family first, you are not |
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thinking about your family. |
Your being in jail |
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means that your family suffers the consequences, |
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and you need to see and understand, and you need |
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to think about the fact that you are most likely, |
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I am not going to say definitely, because there |
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has always hope, but |
you are most likely |
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contributing to your |
children getting caught up |
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in the same cycle of |
alcohol and violence and a |
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parent who is not around because you are in jail |
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all the time. |
You are most likely contributing |
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to them being caught |
up in that same cycle that |
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you have been caught |
up in yourself. So you said |
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yesterday you are trying, I will accept that, but |
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you need to try a lot harder. |
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And you also need to think about the fact |
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that if you commit another offence, like the one |
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that I am -- that -- |
that I have just sentenced |
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you for, if you commit another assault on |
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someone, punch, kick someone in the head, there |
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is a very good chance that you will be looking at |
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a homicide charge. |
Because there is a very good |
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chance that a person that is subjected |
to that |
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kind of treatment from you would die. |
And if you |
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are looking at a homicide charge, you are likely |
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looking at a life sentence. So you need to think |
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about all those things. I mean, you are not a |
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stupid man. |
I can tell that from the presentence |
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report. You have, obviously, thought about some |
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of these things in the past, and why you engage |
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in this behavior, but you need to think about it |
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a lot more and you need to do something about it. |
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So I am just going to leave that with you. |
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Counsel, I will thank you for your work on |
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this case. |
I do not know if you have anything |
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further at this time, if not, we will adjourn. |
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MR. GREEN: |
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Nothing from Crown, Your |
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Honour. |
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MR. DAVISON: |
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No, nothing |
else. |
Thank you. |
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THE COURT: |
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All right. |
Thank you. We |
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will adjourn court then -- we will close court, |
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rather. |
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THE COURT CLERK: |
All rise. |
I declare the |
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CERTIFICATE OF TRANSCRIPT |
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I, the undersigned, hereby certify that the |
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foregoing pages are a complete and accurate |
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transcript of the proceedings taken down by me in |
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shorthand and transcribed from my shorthand notes |
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to the best of my skill and ability. |
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Dated at the City of Edmonton, Province of |
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Alberta, this 14th day of June, 2017. |
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Certified Pursuant to Rule 723 |
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Of the Rules of Court |
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__________________________ |
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Leanne Harcourt, CSR(A) |
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Court Reporter |
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