Territorial Court

R. v. Bourke, 2004 NWTTC A1
Date: 20040317
Docket: T-1-CR-2003003081; T-1-CR-2003003082; T-1-CR-2004000017

IN THE TERRITORIAL COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:


HER MAJESTY THE QUEEN


- vs. -


EDWARD HARTLEY BOURKE


Transcript of The Oral Reasons for Sentence by The Honourable Chief Judge R.M. Bourassa, at Yellowknife, in the Northwest Territories, on February 10th, A.D. 2004.


APPEARANCES:

Ms. S. Aitken:   Counsel for the Crown

Mr. G. Watt:   Counsel for the Accused


Charges under s. 145(1) (a), 264.1(1), 267(a), 88, 85(1) (a), 354(1) (a) Criminal Code of Canada


THE COURT:   Thank you, Mr. Watt. I have to sentence the accused on four charges; a shoplifting, uttering death threats, escape lawful custody and possession of a weapon for a purpose dangerous. The accused has approximately 33 criminal convictions going back to 1980, almost every year. Comprised in that criminal record are some very serious offences: Robbery in 1983 for which he received three years in a federal penitentiary, causing death by criminal negligence, sexual assault in 1995, charges of assault in 2001, sexual assault in 2002, and most recently last summer, in July, two convictions for assault.

I am told that the accused is a crack cocaine addict for the last six years or seven years. And the question begs to be asked: What was he before that? His criminal depredations have been going on since 1980. Crack, alcohol, whatever it is, it doesn't seem to make any difference. Society has to bear the burden of this man and this man's crimes.

The cost that this small community of Yellowknife is paying in regards to the presence of cocaine is staggering. Hardly a week seems to go by where there isn't one case of property offences, acts of violence, weapons matters that don't involve cocaine. This is just a small town, 17, 18,000 people, and what is going on is frightening. I think it has got to be frightening to the public. How many victims are

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represented by this man's criminal record? How many innocent victims?

I can't sentence on his record, but it certainly indicates that I think rehabilitation should be properly left to the administrative boards and tribunals set up within the corrections system, and I don't think the Court has to allocate much weight to the accused's rehabilitation. Nothing this Court does, I don't think, is going to have much of an impact on him. Nothing has in the past. It is just a question of adding up the bill for Mr. Bourke, it would seem.

I take into account the guilty plea. It has some mitigating effect. He has spent a fairly lengthy period of time in custody. Much of that he has to bear responsibility for. While I will take the time he has spent in custody into account, its full effect is diluted somewhat, given the circumstances as to why he found himself in custody and couldn't obtain judicial interim release. I have to take into account totality, and certainly that is a key factor.

With respect to, in my view, the most serious offence, the uttering death threats, here is a man in, what can I say, a problematic area of town displaying a gun in his belt, intimidating and threatening a clerk. This is going far, far beyond what is acceptable, and, in my view, is one of the worst examples of uttering a death threat. It was a pellet pistol. The clerk

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didn't know that.

Surely it is common knowledge the jeopardy that clerks in small convenience stores are in, especially in the larger communities where they seem to be the subject of many assaults and acts of violence. Going into that place in the rage that he was in, whether he was drunk or high on cocaine, certainly it's admitted he was drinking, and threatening the man like that is something that will not be tolerated; simple as that.

The man has an extensive record, including many acts of violence. He is capable and he has proven himself capable of atrocious acts of violence. It is not acceptable. I am taking into account what Mr. Watt said on his behalf. Stand up, Mr. Bourke. Is there anything you want to say?

THE ACCUSED:  I just want to say that I'm sorry for what I did, and I know it's my responsibility for all my actions and for the love of crack that I did all these things, and I have to change my life one way or the other. I'm sorry for what I did, and, I mean, there's -- there's no way I could turn -- turn it back. I am just happy I'm in jail, because I'm healthier and this way I can learn about myself, and when I get out I -- you know, I could go for treatment and start a new life when I get out for me and my kids, and hopefully it works out. I just apologize for everything I did and -- in my life, and I just wish I

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never came to Yellowknife. That's all I've got to say.

THE COURT:   On the charge of shoplifting, or theft, there will be a term of imprisonment of 30 days. On the charge of uttering death threats, 15 months in jail. On the charge of escape lawful custody, four months concurrent. On the charge of possession of a weapon for a purpose dangerous, five months consecutive. I take it there has already been a DNA order made?

MS. AITKEN:   Yes, sir. If I could clarify, is the 15 months to be concurrent or consecutive?

THE COURT:   No, that's consecutive.

MS. AITKEN:   Yes, there was a DNA order made on a previous occasion, sir.

THE COURT:   Okay. Do you have any comment on whether the Court should put him in the penitentiary or not?

MS. AITKEN:   No comment, sir.

THE COURT:   I will make that order at the request of defence. Are you reiterating the request?

Are you absolutely sure?

MR. WATT:   Sir, yes, this is what we would like, sir.

THE COURT:   Okay. Then I will make it.

(AT WHICH TIME THE ORAL REASONS FOR SENTENCE CONCLUDED)

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Certified to be a true and accurate transcript pursuant to Rules 723 and 724 of the Supreme Court Rules.

Jill MacDonald, CSR(A), RPR
Court Reporter

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