R. v. Akkuardjuk (T.), (2007) 422 A.R. 244 (CA)

• Judge: Martin, Watson and Kilpatrick, JJ.A.
• Court: Nunavut Court of Appeal (Canada)
• Case Date: September 19, 2007
• Jurisdiction: Nunavut
• Citations: (2007), 422 A.R. 244 (CA);2007 NUCA 6

R. v. Akkuardjuk (T.) (2007), 422 A.R. 244 (CA);

      415 W.A.C. 244

MLB headnote and full text

Temp. Cite: [2007] A.R. TBEd. DE.038

Her Majesty the Queen (respondent) v. Theophile Akkuardjuk (appellant)

(07-07-02 CAP; 2007 NUCA 6)

Indexed As: R. v. Akkuardjuk (T.)

Nunavut Court of Appeal

Martin, Watson and Kilpatrick, JJ.A.

November 27, 2007.

Summary:

The accused was convicted for a number of offences arising from three incidents. The first two incidents resulted in three counts of assault (two involving his wife), two counts of breach of probation and one count of breaching an undertaking. The sentencing judge imposed a total sentence of 18 months' imprisonment for those offences. The third incident involved death threats against the wife, an assault of social workers, pointing a firearm at police and a four-day stand-off with police. For the offences arising from the third incident, the accused received a conditional sentence of two years less a day to run consecutively to the sentence imposed respecting the earlier incidents and a 10 year firearms prohibition. The Crown appealed respecting the conditional sentence.

The Nunavut Court of Appeal allowed the appeal and ordered that the remnant of the conditional sentence (15 months) be converted to a custodial sentence. The firearms prohibition remained.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The accused was convicted for a number of offences arising from three incidents - The first two incidents resulted in three counts of assault (two involving his wife), two counts of breach of probation and one count of breaching an undertaking - The sentencing judge imposed a total sentence of 18 months' imprisonment for those offences - The third incident involved death threats against the wife, an assault of social workers, pointing a firearm at police and a four-day stand-off with police - For the offences arising from the third incident, the accused received a conditional sentence of two years less a day to run consecutively to the 18 month sentence and a 10 year firearms prohibition - The Nunavut Court of Appeal allowed the Crown's appeal respecting the conditional sentence and ordered that the remnant of the conditional sentence (15 months) be converted to a custodial sentence - A conditional sentence was not available as the total sentence imposed for all three incidents exceeded two years - It was inconsistent to impose imprisonment for violent offences and then a conditional sentence for other violent offences - The accused had a long history of violence against his spouse - Absent extraordinary circumstances, close confinement of offenders with their victims should be avoided - See paragraphs 8 to 12.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5831.9

Sentencing - Considerations - Domestic violence - [See first Criminal Law - Topic 5720.4 and Criminal Law - Topic 5861 ].

Criminal Law - Topic 5861

Sentence - Assault - The accused was convicted for a number of offences arising from three incidents - The first two incidents resulted in three counts of assault (two involving his wife), two counts of breach of probation and one count of breaching an undertaking - The sentencing judge imposed a total sentence of 18 months' imprisonment for those offences - The third incident involved death threats against the wife, an assault of social workers, pointing a firearm at police and a four-day stand-off with police - For the offences arising from the third incident, the accused received a conditional sentence of two years less a day to run consecutively to the 18 month sentence and a 10 year firearms prohibition - The Nunavut Court of Appeal allowed the Crown's appeal respecting the conditional sentence - The court held that the sentence was unfit and ordered that the remnant of the conditional sentence (15 months) be converted to a custodial sentence - It was difficult to understand how the accused could qualify for a conditional sentence given his repeated violations of his probation order imposed in response to earlier assaults, and his recognizance, by again assaulting his spouse and engaging in even more dangerous conduct - He was clearly a danger to the community, which included his spouse - The likelihood of his re-offending was "virtually inevitable" - See paragraph 13.

Criminal Law - Topic 5895

Sentence - Threats - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5967

Sentence - Pointing a firearm - [See Criminal Law - Topic 5861 ].

Cases Noticed:

R. v. Fice (L.), [2005] 1 S.C.R. 742; 333 N.R. 243; 198 O.A.C. 146, refd to. [para. 11].

Counsel:

N. Sharkey, for the respondent;

M. Lecorre, for the appellant.

This appeal was heard on September 19, 2007, before Martin, Watson and Kilpatrick, JJ.A., of the Nunavut Court of Appeal, who filed the following memorandum of judgment on November 27, 2007.