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Break in at elder's home in Whati

Terrence McEachern
Northern News Services
Published Monday, September 26, 2011

SOMBA K'E/YELLOWKNIFE
A 49-year-old Whati man who got drunk and broke into an elderly woman's home and committed sexual assault was sentenced to a year in jail last week.

"Alcohol is very much an issue for (the accused)," defence lawyer Gary Woll said in territorial court on Sept. 23. "This is not a new problem ... it's been ongoing for many years."

On July 9, the Whati RCMP responded to a complaint at 9:45 p.m. that a man had broken into an elderly woman's residence. When she awoke, she recognized her daughter's ex-boyfriend, said Crown prosecutor Mathew Johnson.

The 62-year-old woman yelled and then kicked him in the chest twice. Moments after she phoned the police, he returned and ripped the phone cord out of the wall jack.

After being told to leave again, he did so, but tried to get back into the residence. This time, he was met by the woman's daughter, who punched him in the head, causing a gash that later required two stitches, said Johnson.

When the RCMP finally arrived, they found the man banging on the door trying to enter for a fourth time with blood pouring from his forehead.

He pleaded guilty to a charge of sexual assault against the elderly woman and unlawful entry of a residence on July 19, the same day the Crown elected to proceed summarily on the charges.

The man's criminal record contains 36 prior convictions since 1983. It includes 11 convictions for violence, two for sexual interference and 11 property related offences, said Johnson, who asked Judge Brian Bruser to impose a one-year jail term, one year of probation, an order that he provide a sample of his DNA to the RCMP and that he be placed on the National Sex Offender Registry for 10 years.

Woll didn't oppose the Crown's sentence recommendations, saying that under the circumstances they were appropriate. What fuelled his client's drinking problem and criminal record was his residential school experience 42 years ago when he was physically and sexually abused, according to Woll. He added that his client's criminal record had gaps - 1988 to 1993 and 2004 to 2010 - when he stopped drinking and didn't have any convictions.

The offender spoke briefly to the judge, saying that he began drinking again after his mother recently died and his girlfriend left him for another man. He admitted what he did that night was a mistake.

In the end, Bruser imposed all of the Crown's sentencing recommendations. Although being a survivor of residential school is recognized in the Criminal Code of Canada as a sentencing consideration, Bruser said given the man's lengthy criminal record, jail was the only option.

"She was in her own home. Where else can someone expect a high degree of safety," said the judge.

Bruser gave the offender credit for 13 days jail prior to sentencing.

As part of the probation order, the man is to have no contact with the victim and is not allowed to consume alcohol in public places. Bruser issued a ban preventing the media from publishing any information that could lead to the identity of the victim.

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