.
Search
Email this articleE-mail this story  Discuss this articleWrite letter to editor  Discuss this articleOrder a classified ad
Assault appeal squashed

Jennifer McPhee
Northern News Services


Yellowknife (Jan 22/03) - A man who swung a golf club at the head of his girlfriend's 23-year-old son tried in vain to appeal his sentence last week in Supreme Court.

Last August, Judge Michel Bourassa handed Gary Yelle an 16-month sentence for assault with a weapon and possession of a weapon.

Yelle, who has 86 prior convictions, was appealing the most recent sentence.

Representing himself at the appeal, Yelle said the sentencing judge did not consider that only six of his prior convictions were for violent offences.

He argued the Crown "mis-characterized" the incident and said no one was hurt during the golf club assault.

The 34-year-old also said he asked his lawyer for a pre-sentence report about himself, but it was never done.

Yelle pointed to Bourassa's comments during sentencing. The judge said he wished he knew how close the club came to the victim's head.

But Justice Ted Richard said Yelle was misinterpreting Bourassa's remarks. "I think what he's saying there is he would have given you more time," said Richard.

Yelle's criminal record is a mixed bag of violence, property and process convictions, said Richard.

"It's still a pretty horrendous record."

In Yelle's case, a pre-sentence report would have been a waste of time, said Richard.

"You've come to court dozens and dozens of times. It's clear that you've got a problem with alcohol. We don't need another report to tell the court that."

Yelle's scheduled release date is Sept. 29.