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2013_NUCJ_15_R v AB

2013_NUCJ_15_R v AB

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Published by NunatsiaqNews
Sentencing judgment on Pond Inlet man for violent sexual assault on his common-law wife and savage attack on another man with a hockey stick.
Sentencing judgment on Pond Inlet man for violent sexual assault on his common-law wife and savage attack on another man with a hockey stick.

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Published by: NunatsiaqNews on Aug 08, 2013
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nunavuumi iqkaqtuijikkut
La Cour de justice du Nunavut
R. v. A.B.
, 2013 NUCJ 15
Date: 20130508Docket: 11-13-3, 11-12-146 Registry: IqaluitCrown: 
Her Majesty the Queen
 ________________________________________________________________________ Before: The Honourable Mr. Justice Kilpatrick Counsel (Crown): B. McClarenCounsel (Accused): S. ShabalaLocation Heard: Iqaluit, NunavutDate Heard: August 1, 2013Matters:
Criminal Code
, ss. 271; 246; 145(3); 268(2); 267(a)
(NOTE: This document may have been edited for publication)
Restriction on Publication: By court order made under section 486.4 of the
Criminal Code
, “a
ny information that could identify the complainant or a witnessshall not be published in any document or broadcast or transmitted in any way
 The victim of the s
exual assault was the accused’s common law spouse. The
Court has had to anonymize the name of the accused in order to protect theidentity of the spouse. 
 [1] AB has entered prompt guilty pleas to five indictable offences.These offences arise from two incidents in Pond Inlet onNovember 7th, 2012, and January 5th, 2013. He is now to besentenced.
A. The first incident
November 7
, 2012
[2] AB acquired two mickies of vodka from a local bootlegger. Hestarted to drink with his spouse CD in the family home. ABbecame intoxicated.[3] There were unresolved issues of jealousy in this relationship. As
 AB’s level of intoxication increased, suspicion displaced trust and
respect. An argument erupted. Listening stopped as wordsbecame heated. Alcohol vanquished reason.[4] AB demanded sex. CD refused. Angry words soon turned toblows. CD was hit repeatedly by AB. A small child was present in
the bedroom to witness this attack. The little one’s screams of terror, the screams of AB’s own child,
did not deter AB from theviolence that followed.[5] CD was kicked. She was thrown to the bed. AB said that hewanted CD to feel what it was like to be raped. He started tearing
at CD’s clothing in an effort to achieve this end. CD continued to
resist. AB pu
t his thumbs in CD’s eyes, and pulled her hair. Hegrabbed at CD’s face with his hands. In an effort to end CD’sstruggling, AB put his hands around CD’s neck and squeezed.
 AB threatened to kill his spouse.[6]
 AB was unable to remove CD’s pants. The attack
ended abruptlywhen AB tired. CD fled the house. She sought protection from aneighbor. When examined at the nursing station later that day,
bruising was evident on CD’s upper thigh and upper torso. Therewere visible marks and scratches on CD’s face and n
 [7] AB is to be sentenced on one count of sexual assault and onecount of choking arising from this event.
B. The second incident
January 5th, 2013
[8] Following his arrest, AB was released by a Justice of the Peaceon an undertaking. AB was ordered not to have any contact or communication with CD. He was prohibited from attending thefamily home.[9] On January 5
2013, AB’s suspicions were aroused when he
learned through another family member that one Aaron Pitseolak(AP) was visiting CD, at the family home. AB decided toinvestigate.[10] AB entered the family home. He found AP sleeping by himself onthe couch in the living room. AB decided that CD must be havingan affair with AP.[11] AB then entered the bedroom. CD was asleep on the bed with
the couple’s three children snuggled beside her. AB snapped. He
grabbed a hockey stick and struck his spouse on the legs withthe stick. AB then approached AP in the living room.[12] AP was asleep when the beating started. AP was intoxicated. Hewas sleeping soundly. AP had no warning of the attack. He hadno chance to defend himself. AB struck AP approximately 20times with the hockey stick. AP was struck numerous times onthe head. He was struck numerous times in the chest. Sufficientforce was behind these blows to ultimately cause the hockeystick to break
on AP’s head
.[13] In the course of the assault AP sustained multiple skull fracturesand lacerations to the head and face. There was much loss of blood. The force of the blows to the head soon rendered APunconscious. The beating continued. An internal organ was
ruptured as a consequence of repeated blows to AP’s

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