R. v. Pudlat (J.G.), 2005 NUCA 3

JudgeRichard, Costigan and Kilpatrick, JJ.A.
CourtNunavut Court of Appeal (Canada)
Case DateMay 18, 2005
JurisdictionNunavut
Citations2005 NUCA 3;(2005), 404 A.R. 389 (CA)

R. v. Pudlat (J.G.) (2005), 404 A.R. 389 (CA);

      394 W.A.C. 389

MLB headnote and full text

Temp. Cite: [2007] A.R. TBEd. MY.039

Her Majesty the Queen (appellant) v. Josephie Gordon Pudlat (respondent/accused)

(15-12-006 CAP; 2005 NUCA 3)

Indexed As: R. v. Pudlat (J.G.)

Nunavut Court of Appeal

Richard, Costigan and Kilpatrick, JJ.A.

May 18, 2005.

Summary:

The accused pled guilty to two counts of assault, breach of an undertaking and two counts of sexual assault of two underage girls. He was sentenced to a global sentence of two years less a day to be served as a conditional sentence. The Crown sought leave to appeal the sentence and if leave was granted, appealed.

The Nunavut Court of Appeal granted leave to appeal and allowed the appeal. The court gave the accused credit of six months for the portion of the conditional sentence already served and sentenced the accused to two and one half years' imprisonment.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The 25 year old accused pled guilty to two counts of assault, breach of an undertaking and two counts of sexual assault - The accused assaulted his common law spouse - He was released on an undertaking - He pled guilty to the assault - He subsequently assaulted his spouse again by choking her - The unrelated charges of sexual assault were in relation to two young girls (aged 12 and 13) who the accused met through his employment as a supervisor at the community recreation centre - The accused admitted to having sexual intercourse with one of the girls at the community centre on three occasions - He had sexual intercourse with the other girl at his home - He was sentenced to a global sentence of two years less a day to be served as a conditional sentence - The Nunavut Court of Appeal allowed a Crown appeal - The court gave the accused credit of six months for the portion of the conditional sentence already served and sentenced the accused to two and one half years' imprisonment - These offences were serious - The accused had a high degree of moral blameworthiness - The resulting global sentence had to fall within the penitentiary range - A conditional sentence was not appropriate.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5831.9

Sentencing - Considerations on imposing sentence - Domestic violence - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children (incl. child pornography) - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5861

Sentence - Assault (incl. common assault) - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5932

Sentence - Sexual assault (incl. by multiple parties) - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 6203

Sentencing - Appeals - Variation of sentence - Grounds for varying sentence imposed by trial judge - [See Criminal Law - Topic 5720.4 ].

Counsel:

M. Bryant, for the appellant;

M. Bloos, Q.C., for the respondent.

This appeal was heard on May 18, 2005, at Iqaluit, Nunavut, by Richard, Costigan and Kilpatrick, JJ.A., of the Nunavut Court of Appeal. Richard, J.A., delivered the judgment of the court orally on the same date and filed the following written reasons on July 29, 2005.

To continue reading

Request your trial
4 practice notes
  • R v Parr, 2020 NUCA 2
    • Canada
    • Nunavut Nunavut Court of Appeal (Canada)
    • April 9, 2020
    ...reduced precedential value: examples among the submitted precedents include R v Caza, 2000 NUCA 9; R v Keenainak, 2011 NUCA 5; R v Pudlat, 2005 NUCA 3; R v N(J), 2005 NUCA 1. [76]        In short, there are dangers in “finding a case that seems alik......
  • R. v. Etuangat (L.), (2009) 457 A.R. 172 (CA)
    • Canada
    • Nunavut Nunavut Court of Appeal (Canada)
    • March 5, 2009
    ...[para. 13]. R. v. Anablak, 2008 NUCJ 9, refd to. [para. 13]. R. v. Ammaklak, 2008 NUCJ 27, refd to. [para. 13]. R. v. Pudlat (J.G.) (2005), 404 A.R. 389; 394 W.A.C. 389; 2005 NUCA 3, refd to. [para. 13]. R. v. Akkuardjuk (T.) (2007), 422 A.R. 244; 415 W.A.C. 244; 2007 NUCA 6, refd to. [para......
  • R. v. A.U., 2008 NUCJ 4
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • January 25, 2008
    ...abusing children and his partial responsiveness to taking treatment. [41] Finally, Defence Counsel referred the Court to R. v. Pudlat , 2005 NUCA 3 (CanLII), 2005 NUCA 03, [2005] Nu.C.J. No. 29, R. v. N. (T.) , 2005 NUCJ 16 (CanLII), 2005 NUCJ 16, [2005] Nu.J. No.14, and R. v. O. (V.J.) , 2......
  • R v Kuliktana, 2020 NUCA 7
    • Canada
    • Nunavut Nunavut Court of Appeal (Canada)
    • August 5, 2020
    ...reduced precedential value: examples among the submitted precedents include R v Caza, 2000 NUCA 9; R v Keenainak, 2011 NUCA 5; R v Pudlat, 2005 NUCA 3; R v N(J), 2005 NUCA 76        In short, there are dangers in “finding a case that seems alike and......
4 cases
  • R v Parr, 2020 NUCA 2
    • Canada
    • Nunavut Nunavut Court of Appeal (Canada)
    • April 9, 2020
    ...reduced precedential value: examples among the submitted precedents include R v Caza, 2000 NUCA 9; R v Keenainak, 2011 NUCA 5; R v Pudlat, 2005 NUCA 3; R v N(J), 2005 NUCA 1. [76]        In short, there are dangers in “finding a case that seems alik......
  • R. v. Etuangat (L.), (2009) 457 A.R. 172 (CA)
    • Canada
    • Nunavut Nunavut Court of Appeal (Canada)
    • March 5, 2009
    ...[para. 13]. R. v. Anablak, 2008 NUCJ 9, refd to. [para. 13]. R. v. Ammaklak, 2008 NUCJ 27, refd to. [para. 13]. R. v. Pudlat (J.G.) (2005), 404 A.R. 389; 394 W.A.C. 389; 2005 NUCA 3, refd to. [para. 13]. R. v. Akkuardjuk (T.) (2007), 422 A.R. 244; 415 W.A.C. 244; 2007 NUCA 6, refd to. [para......
  • R. v. A.U., 2008 NUCJ 4
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • January 25, 2008
    ...abusing children and his partial responsiveness to taking treatment. [41] Finally, Defence Counsel referred the Court to R. v. Pudlat , 2005 NUCA 3 (CanLII), 2005 NUCA 03, [2005] Nu.C.J. No. 29, R. v. N. (T.) , 2005 NUCJ 16 (CanLII), 2005 NUCJ 16, [2005] Nu.J. No.14, and R. v. O. (V.J.) , 2......
  • R v Kuliktana, 2020 NUCA 7
    • Canada
    • Nunavut Nunavut Court of Appeal (Canada)
    • August 5, 2020
    ...reduced precedential value: examples among the submitted precedents include R v Caza, 2000 NUCA 9; R v Keenainak, 2011 NUCA 5; R v Pudlat, 2005 NUCA 3; R v N(J), 2005 NUCA 76        In short, there are dangers in “finding a case that seems alike and......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT