R. v. Tapatai, (1985) 61 A.R. 253 (NWTCA)

• Judge: Laycraft, C.J.A., Lieberman and Irving, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: June 24, 1985
• Jurisdiction: Northwest Territories
• Citations: (1985), 61 A.R. 253 (NWTCA)

R. v. Tapatai (1985), 61 A.R. 253 (NWTCA)

MLB headnote and full text

R. v. Tapatai

(No. 575)

Indexed As: R. v. Tapatai

Northwest Territories Court of Appeal

Laycraft, C.J.A., Lieberman and Irving, JJ.A.

June 24, 1985.

Summary:

The accused pleaded guilty to assault causing bodily harm contrary to s. 245.1(1)(b) of the Criminal Code of Canada and was sentenced to two months' imprisonment plus one year's probation and was prohibited from possessing a firearm for five years. The accused had seriously abused his wife. The Crown appealed against sentence.

The Northwest Territories Court of Appeal allowed the appeal and increased the sentence to nine months' imprisonment without probation. The court affirmed the firearms prohibition order.

Criminal Law - Topic 5861

Sentence - Assault causing bodily harm - Accused repeatedly struck his wife in the face causing a fractured orbital ridge and consequent nerve damage - Wife was also struck on the left thigh with a hockey stick - Accused also did substantial damage to the home and its contents - Accused had excellent work record - Spousal abuse had occurred previously - The Northwest Territories Court of Appeal increased the accused's sentence from two months' imprisonment plus one year's probation to nine months' imprisonment without probation.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 245.1(1)(b) [para. 1].

Counsel:

J.D. Sutton, for the Crown;

C.T. Rogers, for the accused.

This appeal was heard on June 24, 1985, at Yellowknife, Northwest Territories, before Laycraft, C.J.A., Lieberman and Irving, JJ.A., of the Northwest Territories Court of Appeal.

On June 24, 1985, Lieberman, J.A., delivered the following judgment orally for the Court of Appeal.