R. v. Nehass (M.D.), 2004 YKCA 14

• Judge: Ryan, Mackenzie and Oppal, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: October 12, 2004
• Jurisdiction: Yukon
• Citations: 2004 YKCA 14;(2004), 203 B.C.A.C. 314 (YukCA)

R. v. Nehass (M.D.) (2004), 203 B.C.A.C. 314 (YukCA);

    332 W.A.C. 314

MLB headnote and full text

Temp. Cite: [2004] B.C.A.C. TBEd. NO.010

Regina (respondent) v. Michael David Nehass (appellant)

(YU514; 2004 YKCA 14)

Indexed As: R. v. Nehass (M.D.)

Yukon Court of Appeal

Ryan, Mackenzie and Oppal, JJ.A.

October 12, 2004.

Summary:

An accused pleaded guilty to aggravated assault and breach of a recognizance. The trial judge sentenced the accused to three years' imprisonment for the aggravated as­sault and three months' concurrent im­prison­ment for the breach of recognizance. The accused appealed the sentence.

The Yukon Court of Appeal dismissed the appeal.

Criminal Law - Topic 5938

Sentence - Aggravated assault - A 19 year old aboriginal accused pleaded guilty to aggravated assault and breach of a recogni­zance - The accused was a member of a gang of enforcers led by Jordan - They invaded a residence looking for the com­plainant who had an unpaid drug debt - Jordan carried a meat cleaver and a ham­mer - The accused, had a baseball bat - Jordan and the accused approached the complainant - The complainant was beaten with the hammer and bat - His face was slashed - The accused held the com­plainant's hand while Jordan chopped off his finger - The accused then extinguished a cigarette on the complainant's shoulder - Jordan threatened to kill the complainant if he "ratted him out" - The complainant's finger was reattached, but he had not regained the use of it - He continued to suffer pain and discomfort - The accused had an extensive criminal record, mostly relating to offences committed as a young offender - A difficult upbringing - The sentencing judge concluded that treatment in a closed setting was required and im­posed three years' imprisonment for the assault and three months' concurrent for the recognizance breach, reduced to 33 months for time served - The Yukon Court of Appeal dismissed an appeal.

Cases Noticed:

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. 7].

R. v. Wells (J.W.), [2000] 1 S.C.R. 207; 250 N.R. 364; 250 A.R. 273; 213 W.A.C. 273, refd to. [para. 9].

R. v. Stone (B.T.), [1999] 2 S.C.R. 290; 239 N.R. 201; 123 B.C.A.C. 1; 201 W.A.C. 1; 134 C.C.C.(3d) 353, refd to. [para. 10].

Counsel:

J.A. Van Wart, for the appellant;

M.W. Cozens, for the respondent.

This appeal was heard at Vancouver, British Columbia, on October 12, 2004, by Ryan, Mackenzie and Oppal, JJ.A., of the Yukon Court of Appeal. The judgment of the court was delivered orally on the same date, including the following opinions:

Oppal, J.A. - see paragraphs 1 to 15;

Ryan, J.A. - see paragraph 16, 17 and 19;

Mackenzie, J.A. - see paragraphs 18.