R. v. R.M.S., (2015) 602 A.R. 371

JudgeBerger, Watson and McDonald, JJ.A.
CourtCourt of Appeal (Northwest Territories)
Case DateApril 21, 2015
JurisdictionNorthwest Territories
Citations(2015), 602 A.R. 371

R. v. R.M.S. (2015), 602 A.R. 371; 647 W.A.C. 371 (NWTCA)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. JL.061

Her Majesty the Queen (respondent) v. R.M.S. (appellant)

(A1-AP-2013-000-003; 2015 NWTCA 6)

Indexed As: R. v. R.M.S.

Northwest Territories Court of Appeal

Berger, Watson and McDonald, JJ.A.

June 26, 2015.

Summary:

The accused was convicted of the offence of breaking and entering and committing a sexual assault and was sentenced to seven years' imprisonment, reduced by 17 months for pretrial custody, and the applicable corollary orders. The accused appealed the sentence.

The Northwest Territories Court of Appeal dismissed the appeal.

Editor's Note: for a decision on the accused's appeal from conviction see (2015), 602 A.R. 362; 647 W.A.C. 362.

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 a restriction on ban under s. 486.4 of the Criminal Code and Maritime Law Book's editorial policy.

Criminal Law - Topic 5835

Sentencing - Considerations on imposing sentence - Protection of the public - The accused aboriginal was convicted of the offence of breaking and entering and committing a sexual assault - The complainant had been drinking with a friend - The friend went with the accused to a party - The fully clothed complainant fell asleep on her couch - When she awoke, she was naked from the waist down and was being pinned down by the accused who was having sexual intercourse with her - She fought back and pushed the accused off of her - The accused left - He had a 2005 conviction for breaking into a residence and commencing a sexual assault (he left when the victim screamed) - His record from when he was under 18 included breaking into homes and non-compliance with probation and release terms - He had an alcohol problem - He blamed the complainant - The trial judge accepted that the accused had been exposed to some of the systemic factors that many aboriginal offenders faced - However, the fact that he was of aboriginal descent did not justify a shorter prison term than what was required to "protect the public and achieve the principles and purposes of sentencing" notably in light of his criminal record - The judge found that the offence was an escalation from his prior similar crime and there was a very real risk that he could harm someone again - She concluded that an appropriate sentence was seven years' imprisonment less 17 months for pretrial custody - The Northwest Territories Court of Appeal affirmed the sentence.

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences - [See Criminal Law - Topic 5835 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5835 ].

Criminal Law - Topic 5849.23

Sentencing - Considerations on imposing sentence - Home invasion - [See Criminal Law - Topic 5835 ].

Criminal Law - Topic 5851

Sentence - Break and enter - [See Criminal Law - Topic 5835 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5835 ].

Cases Noticed:

R. v. Gladue (D.P.), [2011] A.R. Uned. 576; 2011 ABCA 378, refd to. [para. 5].

R. v. Janvier (G.) (2011), 377 Sask.R. 129; 528 W.A.C. 129; 2011 SKCA 133, refd to. [para. 5].

R. v. Safarzadeh-Markhali (H.) (2014), 325 O.A.C. 17; 2014 ONCA 627, leave to appeal granted [2014] S.C.C.A. No. 489 (S.C.C.), refd to. [para. 14].

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. 15].

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. 15].

Counsel:

B. McPherson, for the respondent;

C. Davison, for the appellant.

This appeal was heard on April 21, 2015, by Berger, Watson and McDonald, JJ.A., of the Northwest Territories Court of Appeal. The court released the following memorandum of judgment on June 26, 2015.

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1 practice notes
  • R. v. R.M.S., (2015) 602 A.R. 362
    • Canada
    • Northwest Territories Court of Appeal (Northwest Territories)
    • April 21, 2015
    ...Northwest Territories Court of Appeal dismissed the appeal. Editor's Note: For a decision on the accused's appeal from sentence see (2015), 602 A.R. 371; 647 W.A.C. Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosur......
1 cases
  • R. v. R.M.S., (2015) 602 A.R. 362
    • Canada
    • Northwest Territories Court of Appeal (Northwest Territories)
    • April 21, 2015
    ...Northwest Territories Court of Appeal dismissed the appeal. Editor's Note: For a decision on the accused's appeal from sentence see (2015), 602 A.R. 371; 647 W.A.C. Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosur......

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