Territorial Court

R. v. Angohiatok, 2004 NWTTC A6
Date: 20040913
Docket: T-1-CR-2004000725

IN THE TERRITORIAL COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:


HER MAJESTY THE QUEEN


- v-


DAVID JANES ANGOHIATOK


Transcript of Reasons for Sentence delivered by The Honourable C/Judge R.M. Bourassa, in Yellowknife, in the Northwest Territories, on the 27th day of August, A.D. 2004.


APPEARANCES:

Ms. L. Colton:   Counsel for the Crown

Mr. G. Watt:   Counsel for the Accused


Charges under ss. 733.1(1) C.C. x 2, 145(5)(b) C.C., 348(1) (a) C.C., 267(a) CC., 348(1)(b) C.C. and 344(b) C.C.


THE COURT:   The accused has pleaded guilty to four charges, two indictable, two summary conviction: committing an assault while armed with a weapon, a break and enter which in fact is closer to a home invasion, and a break, enter and theft, and a breach of probation.

The accused has a long, depressing criminal record that goes back to 1995. He has been in and out of custody and in and out of court almost every single year since then and could truly be said to be serving a life sentence on the instalment plan. There may very well be a danger that the man is going to be institutionalized because he's just in and out of jail on such a regular basis.

I'm told that he is both a cocaine and an alcohol abuser and that is certainly consistent with his criminal record. It is a personal tragedy, there are no two ways about it, but it is a larger tragedy than that when we look at the approximately 32 or 33 criminal convictions on his record, not counting the ones today; there are victims involved in all of those offences.

On the break and enter that I am dealing with here today, there were small children who are faced with the memory of this man kicking his way in, uttering threats, waving a knife about, threatening death.

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There are the business owners and shop owners who are confronted with almost it seems on a weekly basis with people committing break and enters to get goods to sell for drugs or alcohol. At this stage in the accused's life, I think the focus has to be on the victims and on deterrence.

The accused's conduct is deteriorating in that his violent episodes are escalating. There's been a consistent pattern of anti-social conduct for nine years. The territorial resources in terms of the correctional services have had no impact or no positive effect on him, and he has to be deterred.

The Crown is seeking four to five years imprisonment.

Counsel urge me to take the pre-trial custody into account. The accused has spent five months in pre-trial custody and of course I take that into account. The question of whether it's one-and a third, one-and-a-half, two, two-and-a-half, 5.2, I don't know that the court is required to slide into a formulistic approach to the calculation of sentence. It's an application of principles, the penalty has to fit the crime, there are aggravating and mitigating factors. I've covered some of the aggravating factors with respect to the offences before me. To be taken into mitigation and into account are the five months he spent in pre-trial

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custody. At the very least, a one-third credit should be given because, as pointed out, everyone who is sent to jail automatically gets one-third taken off their sentence. So at the very least a one and one-third element should be taken into account.

I'm trying to balance the factors before me as best I can and to make it very clear and to condemn in no uncertain terms the break and enter and theft, Count 2 on the information, which I've already likened to a home invasion.

Stand up, please, Mr. Angohiatok. Is there anything you want to say?

THE ACCUSED:  I just want to say that I wish it didn't lead to this, you know, sometimes I mean to do well, end up screwing up. I'm an idiot. That's all.

THE COURT:   On the charge of break and enter and theft, there will be a term of imprisonment of three years. On the charge of assault while armed with a weapon, two years concurrent. On the charge of break and enter into the Nunasi Building, ten months consecutive. On the charge of breach of probation, four months concurrent.

MS. COLTON:   Sir, the --

THE COURT:   I'll direct that the time be served in the federal penitentiary.

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I'm also going to direct that a DNA order be made, I think this is a presumptive offence, or primary offence I should say, Count 1, and I'm also going to make a firearms prohibition.

MS. COLTON:   Sir, I was just going to say the break into the Nunasi Building, the Crown proceeded summarily so the maximum is six months.

THE COURT:   Break and enter, 18, isn't it?

MS. COLTON:   No, it's six, sir. I have run into this several times now.

THE COURT:   I stand corrected. Six months.

MS. COLTON:   Thank you.

THE COURT:   Then the breach of probation will be consecutive.

I've taken totality into account and tried to balance them accordingly.

MR. WATT:   Sir, I missed - what was the sentence for the breach of probation?

THE COURT:   Four months consecutive. A total of 46 months and a firearms prohibition for ten years.

When you get out, Mr. Angohiatok, for goodness sakes stay away from drugs or alcohol or you'll end right back there again. You know that, I know that. Good luck.

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


Annette Wright, CSR(A), RPR
Court Reporter

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