R. v. Nippi (D.I.), 2015 SKQB 90

• Judge: Turcotte, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 27, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKQB 90;(2015), 471 Sask.R. 210 (QB)

R. v. Nippi (D.I.) (2015), 471 Sask.R. 210 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. AP.038

Her Majesty the Queen v. Dion Ivan Nippi

(2014 CRIM No. 23; 2015 SKQB 90)

Indexed As: R. v. Nippi (D.I.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Melfort

Turcotte, J.

March 27, 2015.

Summary:

The accused was found guilty of sexual assault (Criminal Code, s. 271), and being unlawfully in a dwelling house with intent to commit an indictable offence therein (s. 349(1)).

The Saskatchewan Court of Queen's Bench sentenced the accused to imprisonment for two years less a day for sexual assault, six months concurrent for being unlawfully in a dwelling house, less credit of 521 days for time already served, and followed by two years of probation.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5834.2

Sentencing - Considerations on imposing sentence - Effect on victim - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5929

Sentence - Being in a dwelling with intent - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - Nippi entered the home of a female friend (the victim) in the middle of the night - The victim was asleep on the couch - Nippi removed all of his clothes except his boxer shorts - He kissed the victim, pressed his penis against her hip or thigh, and squeezed her breast - The victim told Nippi to leave several times and did not consent to his conduct - Nippi was intoxicated at the time and had no recollection of the offence - He was found guilty of sexual assault and being unlawfully in a dwelling house with intent to commit an indictable offence therein - 35 years old - Aboriginal - Childhood characterized by domestic violence and alcoholism - Attended a residential school where he was subjected to emotional, spiritual, physical and sexual abuse - Intellectual deficiencies - Significant criminal record which included one prior conviction for sexual assault in 2005 - High risk to re-offend generally and sexually - Offence had significant impact on the victim who was vulnerable due to mental health and mobility issues - The Saskatchewan Court of Queen's Bench sentenced Nippi to imprisonment for two years less a day for sexual assault, six months concurrent for being unlawfully in a dwelling house, less credit of 521 days for time already served, and followed by two years of probation.

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. 1].

R. v. P.K.W. (2013), 434 Sask.R. 205; 2013 SKQB 427, revd. (2014), 442 Sask.R. 21; 616 W.A.C. 21; 314 C.C.C.(3d) 561; 2014 SKCA 76, refd to. [para. 18].

R. v. Kasokeo (J.R.) (2009), 324 Sask.R. 156; 451 W.A.C. 156; 2009 SKCA 48, refd to. [para. 18].

R. v. M.J.H. (2004), 257 Sask.R. 1; 342 W.A.C. 1; 2004 SKCA 171, refd to. [para. 18].

R. v. Roberts (W.S.) (1995), 128 Sask.R. 158; 85 W.A.C. 158 (C.A.), refd to. [para. 18].

R. v. Knott (D.W.), [2012] 2 S.C.R. 470; 433 N.R. 38; 324 B.C.A.C. 1; 551 W.A.C. 1; 2012 SCC 42, refd to. [para. 22].

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. 24].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 25].

R. v. Horvath (B.A.), [1997] 8 W.W.R. 357; 152 Sask.R. 277; 140 W.A.C. 277; 117 C.C.C.(3d) 110 (C.A.), refd to. [para. 27].

R. v. J.W. (1997), 99 O.A.C. 161; 115 C.C.C.(3d) 18 (C.A.), refd to. [para. 27].

R. v. Charles (A.D.) (2008), 311 Sask.R. 216; 428 W.A.C. 216; 236 C.C.C.(3d) 92; 2008 SKCA 108, refd to. [para. 38].

R. v. Sawchuk (R.) (2014), 442 Sask.R. 164; 616 W.A.C. 164; 315 C.C.C.(3d) 153; 2014 SKCA 88, refd to. [para. 41].

R. v. Tuffs (K.) (2012), 385 Sask.R. 178; 536 W.A.C. 178; 2012 SKCA 6, refd to. [para. 42].

Counsel:

Thomas A. Healey, for the Crown;

Rosanne Newman, Q.C., for the accused Dion Ivan Nippi.

This matter was heard before Turcotte, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Melfort, who delivered the following sentencing decision on March 27, 2015.