Prison for Hay River sex assault
Repeat offender a 'serious risk' to community, says judge
Kirsten Fenn
Northern News Services
Monday, May 22, 2017
SOMBA K'E/YELLOWKNIFE
A 38-year-old man who attempted to undo a woman's pants while she slept in her bed in Hay River has been sentenced to three years in prison for sexual assault, with three years of probation to follow his incarceration.
Christopher Bugghins, who was given 13 months credit for time already spent in jail awaiting court dates, is expected to serve his remaining 23 months in the NWT.
Calling Bugghins a 'serious risk' to the community, Justice Andrew Mahar handed the offender his sentence May 9 in NWT Supreme Court in Yellowknife.
The incident leading to Bugghin's jail time took place on May 15, 2016 while he was a visitor in the complainant's home, according to a statement of facts read in court.
The woman was sleeping when she felt a rough, scaly hand trying to unbutton her pants underneath the sleeping bag she was using to keep warm.
When she realized it was not the hand of her spouse and woke up, Bugghins fled the room but continued to peer back at her several times.
Bugghins eventually left the residence after the woman told her spouse what happened, according to the statement of facts.
Bugghins pleaded guilty to the sexual assault charge earlier this year.
He claims he has no recollection of the incident.
During the sentencing, Crown prosecutor Blair MacPherson said Bugghins has five prior convictions for similar sexual assaults, each of which involved him drinking alcohol - sometimes to the point of nearly blacking out.
"We see a pattern of him going after women who are sleeping," MacPherson added.
He said links could be drawn from Bugghins' childhood to explain his behaviour but stressed this does not diminish how "shocking and terrifying" the sexual assault was for the woman.
The court heard Bugghins' was given up for adoption as a baby because his mother drank alcohol excessively.
He was later abused as a child, although his parents never knew.
MacPherson recommended Mahar impose a three-to-four-year sentence for Bugghins' crime.
Although the latest incident is not a major sexual assault, MacPherson said, Bugghins' history of similar convictions is an aggravating factor.
Defense lawyer Jay Bran suggested a sentence of two years would be more appropriate.
"There's a problem in his life, and that's the alcohol," Bran said.
He said his client is otherwise generally able to contribute to society when sober.
Bran said probation would help Bugghins stay away from alcohol and drugs, although he and Mahar both doubted he would be able to access counselling or addictions support close to home in Hay River.
The Nats'ejee K'eh Treatment Centre on the Hay River Reserve used to provide support to people with addictions but the territorial government halted funding in 2013.
There are no other residential addictions treatment centres in the NWT, meaning people are usually sent south for help.
Before hearing his fate, Bugghins' had a few words of his own to share.
"I'm sorry for what I did to her," he told the court, adding he does "stupid things" when he's drinking and takes full responsibility.
He said he still struggles with the pain of his childhood and knows he has embarrassed his family with his actions.
Aside from the prison sentence and probation, Bugghins is to abstain from alcohol, attend counselling and participate in any treatment programs suggested for him.
Bugghins will also be added to the national sex offender registry for life, has been given a DNA order, is required to pay a $200 victim of crime surcharge and have no contact with the complainant.
"I really do hope you get the help you need," said Mahar.
