R. v. Jacobish (S.), (2008) 279 Nfld. & P.E.I.R. 331 (NLTD)

• Judge: Goodridge, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: September 04, 2008
• Jurisdiction: Newfoundland and Labrador
• Citations: (2008), 279 Nfld. & P.E.I.R. 331 (NLTD)

R. v. Jacobish (S.) (2008), 279 Nfld. & P.E.I.R. 331 (NLTD);

    856 A.P.R. 331

MLB headnote and full text

Temp. Cite: [2008] Nfld. & P.E.I.R. TBEd. SE.014

Her Majesty The Queen v. Sylvester Jacobish

(200608T0053; 2008 NLTD 148)

Indexed As: R. v. Jacobish (S.)

Newfoundland and Labrador Supreme Court

Trial Division

Goodridge, J.

September 15, 2008.

Summary:

The 47 year old aboriginal accused pleaded guilty to two counts of assaulting a police officer and breaching an undertaking. The intoxicated accused refused to leave his aunt's home. She called police. The accused resisted removal by police. He hit one officer over the head with a snowmobile belt assembly and threatened to kill them. He kicked the other officer.

The Newfoundland and Labrador Supreme Court, Trial Division, after giving special consideration to the accused's aboriginal background, sentenced him to 120 days' imprisonment (intermittent), less 74 days' credit for 37 days of pre-trial custody, followed by two years' probation.

Criminal Law - Topic 5664

Punishments (sentence) - Imprisonment and parole - Intermittent imprisonment - The 47 year old aboriginal accused pleaded guilty to two counts of assaulting a police officer and breaching an undertaking - The intoxicated accused refused to leave his aunt's home - She called police - The accused resisted removal by police - He hit one officer over the head with a snowmobile belt assembly and threatened to kill them - He kicked the other officer - The accused had alcoholic parents - There was a possibility that he had Fetal Alcohol Spectrum Disorder - He was an admitted alcoholic, which was contributed to by his sporadic employment - He was now employed during the week - The accused had a lengthy criminal record of offences showing a lack of respect for authority, a propensity for violence and an inability to comply with conditions imposed on him - The most recent offences (last 10 years) included assault, impaired driving, uttering threats, weapons offences, breaches of undertakings and recognizances and mischief - Most were alcohol-related - The Newfoundland and Labrador Supreme Court, Trial Division, after giving the accused special consideration for his aboriginal background, sentenced him to 120 days' imprisonment, less 74 days' credit for 37 days of pre-trial custody - The sentence was to be served intermittently on weekends to accommodate his employment - Jeopardizing his employment would be counter-productive to his rehabilitation.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5664 ].

Criminal Law - Topic 5894

Sentence - Assaulting a police officer or peace officer - [See Criminal Law - Topic 5664 ].

Cases Noticed:

R. v. Atkins (K.J.) (1988), 69 Nfld. & P.E.I.R. 99; 211 A.P.R. 99 (Nfld. C.A.), refd to. [para. 21].

R. v. Jararuse, [2007] N.J. No. 439 (S.C.), refd to. [para. 24].

R. v. Kaye, [2006] O.J. No. 549 (Sup. Ct.), refd to. [para. 24].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 28].

R. v. Wells (J.W.), [2000] 1 S.C.R. 207; 250 N.R. 364; 250 A.R. 273; 213 W.A.C. 273; 2000 SCC 10, refd to. [para. 29].

R. v. England and Bartlett (1979), 20 Nfld. & P.E.I.R. 530; 53 A.P.R. 530 (Nfld. C.A.), refd to. [para. 34].

R. v. Gaudet (1982), 39 A.R. 558 (N.W.T.S.C.), refd to. [para. 34].

R. v. March (1978), 25 Nfld. & P.E.I.R. 53; 68 A.P.R. 53 (Nfld. Dist. Ct.), refd to. [para. 34].

R. v. Tobin (D.R.) (1992), 106 Nfld. & P.E.I.R. 354; 334 A.P.R. 354 (Nfld. C.A.), refd to. [para. 34].

R. v. Doucette (1982), 53 N.S.R.(2d) 441; 109 A.P.R. 441 (C.A.), refd to. [para. 34].

R. v. Ross (1983), 27 Sask.R. 235 (C.A.), refd to. [para. 34].

R. v. Moosomin (1982), 17 Sask.R. 265 (C.A.), refd to. [para. 34].

R. v. Hodder, 2007 CanLII 46073 (N.L.P.C.), refd to. [para. 34].

Counsel:

Sheldon Steeves, for the Crown;

Gerald O'Brien, Q.C., for the accused.

This case was heard on May 13 and September 4, 2008, at Happy Valley-Goose Bay and Natuashish, Nfld. and Lab., before Goodridge, J., of the Newfoundland and Labrador Supreme Court, Trial Division, who delivered the following judgment orally on September 4, 2008.