R. v. Selamio, (1979) 23 A.R. 403 (NWTSC)
Judge | Tallis, J. |
Court | Supreme Court of Northwest Territories (Canada) |
Case Date | December 21, 1979 |
Jurisdiction | Northwest Territories |
Citations | (1979), 23 A.R. 403 (NWTSC) |
R. v. Selamio (1979), 23 A.R. 403 (NWTSC)
MLB headnote and full text
R. v. Selamio
(S.C. No. 2037)
Indexed As: R. v. Selamio
Northwest Territories Supreme Court
Tallis, J.
December 21, 1979.
Summary:
This headnote contains no summary.
Criminal Law - Topic 5830
Sentencing - Consideration on imposing sentence - General - The Northwest Territories Supreme Court stated that the primary considerations in sentencing are deterrence of the accused and others, reformation and rehabilitation of the accused and protection of the public - The Supreme Court stated that protection of the public is paramount - See paragraphs 4 to 7.
Criminal Law - Topic 5831
Sentencing - Considerations on imposing sentence - Retribution - The Northwest Territories Supreme Court stated that retribution is no longer a factor to be considered when imposing sentence - See paragraphs 1 and 6.
Criminal Law - Topic 5837
Sentencing - Considerations on imposing sentence - Mitigating circumstances - The accused was convicted of rape - The accused and victim were in the victim's home on her bed playing cards, drinking and using drugs, when the offence occurred - No weapon was used - A minimum of violence was involved - The Northwest Territories Supreme Court held that the nonuse of a weapon and the involvement of a minimum of violence were mitigating circumstances in sentencing the accused - See paragraph 1.
Criminal Law - Topic 5852
Sentence - Rape - Thirty-five year old male with criminal record of related offences - On probation at time of offence - No weapon and minimum of violence - Psychological problems - The Northwest Territories Supreme Court sentenced the accused to three years imprisonment in addition to approximately 6 1/2 months already served as remand time - See paragraph 24.
Statutes Noticed:
Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 144 [para. 2].
Counsel:
W.S. Delaney, for the Crown;
E.J. Brogden, for the accused.
This case was heard by TALLIS, J., of the Northwest Territories Supreme Court.
On December 21, 1979, TALLIS, J., delivered the following judgment.
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