R. v. Selamio, (1979) 23 A.R. 403 (NWTSC)

JudgeTallis, J.
CourtSupreme Court of Northwest Territories (Canada)
Case DateDecember 21, 1979
JurisdictionNorthwest 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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