Terry Halifax
Northern News Services
NNSL (July 16/99) - A Fort Simpson brother and sister were each handed prison sentences for assaulting and threatening a witness who testified against the woman in her recent conviction for bootlegging.
The 27-year-old woman was jailed for three months for pulling the hair and threatening the life of the victim.
Judge Robert Halifax told the defendant that the seriousness of her crime was worthy of a jail sentence.
"It goes right to the heart of the criminal justice system," Halifax said. "The court has to send a clear message...witnesses are going to be protected."
In addition to the jail term, Halifax also sentenced the woman to serve one year of probation.
Court also heard how the woman's brother threw his victim over a steel rail at a local convenience store and repeatedly punched, kicked and chased the victim for blocks.
Crown prosecutor Elizabeth Bellerose conceded the brother's assault was "a case of sibling loyalty gone wrong," in her recommendations to the court.
She asked the judge to impose "a short, sharp jail term," for the man.
Taking into account the defendant had already served nearly two months in remand, Halifax also noted the man's prior record of violent offences.
"You heard what I had to say to your sister," the judge said. "This is a serious interference in the administration of justice."
In sentencing the man to four months in prison, Halifax said the brother's crime was more serious because of the tenacious brutality of the assault.
"You kept going after him -- even when he got away, you went after him again and again," Halifax said.
Suspended sentence
A Fort Simpson youth was sentenced to 15 months probation in an assault with a weapon charge that, the court was told, could have been much more serious.
The young defendant was involved in a play fight with his older and larger friend when things got more serious. The defendant was getting hurt by his friend and pulled a knife on the man, cutting him with the blade.
The defendant expressed sincere remorse for the act and court also heard how the young man has since quit drinking and has gained steady employment as a youth counsellor.
While the judge was sympathetic to the youth's situation, he was stern in handing down the sentence.
"You're 16. If you want to be a role model, you're going about it in the wrong way," Halifax told the youth.
Yk pot bust
A Simpson man who was attending school in Yellowknife was arrested for possession of 4.7 grams of marijuana on May 13, while in the capital city.
The accused pleaded guilty to the charge and was slapped with a $250 fine, plus a 15 per cent victim's surcharge.
B and E with intent
A Fort Simpson man pleaded guilty to a break and enter to a home with intent to commit sexual assault.
Sentencing for the invasion crime will take place on Aug. 23.
Sister stabbed
A drunken argument left a local woman injured from a knife wound inflicted by her brother.
Prosecutor Bellerose noted the man's remorse for the crime and recognized the defendant's rehabilitation regarding alcohol.
"This accused is probably more dangerous to himself than anyone else," Bellerose told the court.
The defendant told how he has since abstained from the use of alcohol and has taken full blame for his actions.
"Although alcohol was a factor, I take full responsibility for what I did," the man told the judge.
Judge Halifax was impressed by the young man's rehabilitation and imposed a one-year suspended sentence.
Prison term for home invasion
A 21-year-old Fort Simpson man was sentenced to eight months in jail for forcibly entering a local woman's home, by kicking in her back door, and uttering death threats.
Given a history of previous violence, prosecutor Bellerose sought a jail term for the crime.
While the defendant expressed remorse for his drunken actions, the judge was unimpressed.
"There was no excuse for it," Halifax scolded. "Understand the fear you have caused this woman.
"In my view the people need to be protected in their own homes...this kind of behaviour will be dealt with very seriously."
In addition to the eight-month jail term, the guilty party was also sentenced to one year of probation.