Territorial Court

R. v. Koe, 2003 NWTTC A6
Date: 20030513
Docket: T-3-CR-2002001328

IN THE TERRITORIAL COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:


HER MAJESTY THE QUEEN


- and -


ALBERT JOHNNY KOE


Transcript of the Reasons for Sentence delivered by The Honourable Judge B.A. Bruser, sitting in Fort McPherson, in the Northwest Territories, on the 8th day of January, A.D. 2003.


APPEARANCES:

Mr. B. Lepage:   Counsel for the Crown

Mr. T. Boyd:   Counsel for the Defendant


(Charges under s. 267(b), 264.1(1) (a), 145(5.1) x2, and 92 of the Criminal Code of Canada)


THE COURT:   Mr. Koe, do you have anything more to say?

THE ACCUSED:  That's all I have to say for now.

THE COURT:   That's quite a lot. It shows you do have some deep insight into your problems except you don't know why you beat her up. You say you wish this was a dream. I think what you really meant to say was that you wish it was a nightmare that would go away. Dreams are nice things usually. Nightmares are the bad part of a dream.

The sad fact is, and I think you can appreciate why I'm saying this, you are a danger to her. You are a danger to other people. You are at a very high risk of re-offending again unless you get help quickly.

The record goes back to 1972. That's 30 years ago.

THE ACCUSED:  Closer to 1980.

THE COURT:   Pardon me?

THE ACCUSED:  '82.

THE COURT:   No, 1972, and then there's a jump to 1982. 1972 was a theft under, and then 1982, a possession of a weapon.

MR. BOYD:   Sir, I believe that entry is an error because he would have only been seven.

THE COURT:   Cross that off. Good. The record is corrected. The thing I'm saying, though, remains in tact. The record goes back 20 years, two

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could have seen a sentence of certainly two to three years.

There will be a DNA order. There will be a firearm prohibition order - it will begin today and end ten years after your release from imprisonment.

One advantage of keeping the sentence at 15 months is that when I add on the one month, as I do for the first failure to obey the undertaking, and two months, which I feel to be more appropriate than what the Crown sought for the second breach, I arrive at a total of 18 months' imprisonment. Because the sentence is not over two years, I can impose probation, and this may give you the help that you need, it may help to save a life in the future, it may help to make your lives more meaningful, and may help to protect the public ultimately. I could not make a probation order if the sentence overall were more than two years.

There will be, on the aggravated assault, a three-year probation order, to begin after release from imprisonment. Apart from the statutory terms, you are to report to a probation officer within three days of your release, and thereafter, when and as directed by that person.

I see that you have not had a meaningful period of probation since 1993, that's about ten years ago, and that's another reason for making a probation

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order. To do that, a sentence has to be, as I said before, less than two years in total. Or two years or less. The difference is without importance.

I continue.

You are to actively participate in whatever counselling the probation officer may direct from time to time. You are not to be in the presence of Norma Norman while you are to any degree under the influence of alcohol. If she wants to drink, you better go somewhere else because the temptation will be too great for you.

THE COURT CLERK:  I'm sorry, sir. Would you say that again?

THE COURT:   No. I continue. You will obey a  breathalyzer demand made to you by a peace officer who has reasonable grounds to believe that you have violated that condition. I'm not going to prohibit you from drinking. To do that would be to set you up for a fall. You will drink. It's going to happen. You're too sick not to. But when you take that first drink, you better plan to be away from her. You are, as part of the counselling, to participate not only in alcohol counselling but, also, you are to be assessed by a psychologist as soon as the probation officer can get you in to see one. You are to continue seeing a psychologist as long as the probation officer directs you to do so.

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I think this is a better way to deal with it than simply to give you 30 months' imprisonment, which is really what I did have in mind before, because then there couldn't be probation.

I don't know what will happen with the other matters. If you are convicted and sentenced, the sentence will probably be consecutive. You may end up in the penitentiary. But I'm not going to try to second-guess what may happen.

Does the Crown have anything further?

MR. LEPAGE:   No, Your Honour. Thank you.

THE COURT:   Does the defence?

MR. BOYD:   No, sir.

THE COURT CLERK:  Are we doing a Form 8 for the remainder?

THE COURT:   Thank you for raising that. In fact, I had that on my paper to speak to that.

I know I suggested that there be a Form 8 before, but he's not going to be out before the April 30th date in any event; and if I do make a Form 8 on the other matters, it may be that someone at the correctional centre may decide to keep him in remand despite the sentence. I don't know what they'll do, so maybe it's better not to have a Form 8 and simple leave it this way: The undertaking that Justice of the Peace Cowans put him on can remain, and the Crown is to prepare a Removal Order for April 30th, 10 a.m.

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Anything more from the defence?

MR. BOYD:   No, Your Honour.

THE COURT:   Madam Clerk, I'll go over that term that you missed later on.

THE COURT CLERK:  Thank you, sir.

THE COURT:   I should add to the reasons, because the Court of Appeal, if the matter should go that far, or if someone else is reviewing this later on after one of the two of them is dead, the record should reflect that the accused is truly remorseful. There's no doubt. I have seen that here today. The problem is he can't control himself. That's it, Mr. Koe.

The Warrant of Committal will have a term on it that he be permitted to be assessed by a psychologist forthwith.

(CONCLUSION OF REASONS FOR SENTENCE)

Certified Pursuant to Rule 723 of the Rules of Court

Jane Romanowich,
Court Reporter

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