IN THE TEIiRITORlAL COURT OF THE NORTI-rvEST TZR.ilTORIES m OR^L RoASCNS FOR JUDGMENT OF HIG LO.ffiSHIP THE HONOUJLAELE MR. JUSTICE ^ »iii.LlA.'! G. MORROW, given on the 24th day of h'ovember, A.D,, 1956, at the Town of Hay River, N.V. .T., » > ^ » In the r«:ittcr between: W^A :-:\JESTT TilE CUEEN Respondent - and -KENNETH VanDYKE Appellant
I have heard the evidence and tho n^marks of ( C Z o unsel I ,^ on this^^ppe_l. I h:'ve noticed th-t on tho various cr.sas I have h.3ard to cc'-to, as the new Torritori-.l Court Judga, by vny of .ppe-Tl or ot'henrise, there seems to be a feeling that intoxic.^tion or inebriation is an excuse for committing crir.-.o. I thin]": people should know it is not en excuse. Sometimes the Court n:ay take it into consideration in moderating a sentence, ?rat for r.cmeone to say^ "I vjas drunk .:nd pulled someone's hair, or rxabbed soineone by the throat without knowing it" is no excuse for whit was dono.
Tho type of section v;o aro considering here in this •5.ppeal is for the p->.'rT;ose of attempting to prevent a rx>re serious offence. It is quite true nothing more t̂ erious happened, but it C C might have, and this is v.hy the -erininal-ccda Ir̂.s this typo of section
> I see nothing in the evidence here to vz.ke r.ê ^ sitting as a-Gourt —
T::?zzv:r:ZJ\L COURT O? THE rziA.O'^'-'^^'^'^ - N W.T. ^ ^ ^
- "̂ -. ^ *̂ ^ ^0 I ,of-A-ppeal ̂ v consider that the Justice of the Peiice-had-erred in the penalty that he provided, I think It should be n.de clear that-̂ =j-e7-ci-«eTr trial̂ '=̂ _̂ '̂ «̂ I can consider the question of giving a gaol tenn-plus or in lieu of a fine. Under the circumstances, however, I am going to fine this nan v300rOO cand costs as fixed in the lô êr Court, end in default of payment ninety days in gaol. If the fine^has not already been paid that was directed by the Justice of the Peace, I an giving the -Appellant fourteen days in v/hich to pay it,
IIoŵ I an dismissing, or allowing I suppose would be a better way of saying it, the -Appeal to the extent that the direction ab̂ out firo-fighting u^y have been included as a part of the sentence, f and because of this,If ther^ has been a deposit of costs as part of this nA-ppeal, those costs v/ill be returned, and ther^ will be no coats /pi of this-Appeal, Is that all?
rir. Purdy: This fine has been paid. -The Court: Any other direction required then? A. Ho, ̂ r . The Courti If this nan had followed the direction and gone out to fight fires to help ^his connninity, it-nay have weighfed quite-, 0. bit in his favour. I&*, Purdy: It was z matter of holding his Job at the Hotel. -%e Court: If the Hotel hrd been on fire they would have expected ot^er people to come and help. \ ^ ^ ^ ^ ^^^^^ ^^ ^ ^ ^