R. v. Umpherville (R.), (1999) 187 Sask.R. 82 (ProvCt)

JudgeWhelan, P.C.J.
CourtProvincial Court of Saskatchewan (Canada)
Case DateNovember 02, 1999
JurisdictionSaskatchewan
Citations(1999), 187 Sask.R. 82 (ProvCt)

R. v. Umpherville (R.) (1999), 187 Sask.R. 82 (ProvCt)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. NO.033

Her Majesty The Queen v. Ronald Umpherville

(Information No. 32740162)

Indexed As: R. v. Umpherville (R.)

Saskatchewan Provincial Court

Judicial Centre of Saskatoon

Whelan, P.C.J.

November 2, 1999.

Summary:

The accused pleaded guilty to aggravated assault of his common law spouse. The victim was stabbed twice, receiving serious but not life-threatening injuries.

The Saskatchewan Provincial Court sen­tenced the accused to three and one-half years' imprisonment, and imposed a lifetime firearms prohibition order. In passing sen­tence, the court took note of the more than eight months the accused spent in remand custody before trial.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - The aboriginal accused stabbed his common law spouse twice, causing serious but not life threat­ening injuries - The accused pleaded guilty to aggravated assault - Lengthy record including a prior convic­tion for a similar assault - The Crown argued that notwithstanding s. 718.2(e) of the Criminal Code and the decision in R. v. Gladue (J.T.) (S.C.C.), this was a crime of violence and it was not appropriate to impose a lesser sentence in recognition of the principles in Gladue - In imposing sentence, the Saskatchewan Provincial Court stated that while the court had "sym­pathy for the difficult circum­stances of the accused which were no doubt the more so due to his heritage ... [the court] must give the greatest import­ance to denunciation of the unlawful con­duct, general and specific deterrence and acknowledgment of the harm done to the victim." - See paragraphs 28 to 29.

Criminal Law - Topic 5938

Sentence - Aggravated assault - The accused stabbed his common law spouse twice, causing serious but not life threat­ening injuries - He prevented her from seeking medical help, insisting that they clean blood from the scene together - The accused pleaded guilty to aggravated assault - Lengthy record including a prior conviction for a similar assault - The Saskatchewan Provincial Court sen­tenced the accused to three and one-half years' imprisonment, and imposed a lifetime firearms prohibition order - The court took into account the prior assault and the more than eight months the accused spent in remand cus­tody before trial.

Cases Noticed:

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397; 3 C.R.(4th) 302, refd to. [para. 5].

R. v. McKenzie (P.N.) (1996), 141 Sask.R. 221; 114 W.A.C 221; 106 C.C.C.(3d) 1 (C.A.), refd to [para. 5].

R. v. Gladue (J.T.) (1999), 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161 (S.C.C.), refd to. [para. 28].

R. v. Pelletier (S.R.) (1999), 177 Sask.R. 212; 199 W.A.C. 212 (C.A.), refd to. [para. 28].

Counsel:

Ms. Adamko, for the Crown;

Mr. McGuire, for the accused.

This matter was heard before Whelan, P.C.J., of the Saskatchewan Prov­incial Court, Judicial Centre of Saskatoon, who delivered the following decision on November 2, 1999.

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