An Inuvik man convicted of sexually and physically assaulting his former common-law partner received a five-year prison sentence in NWT Supreme Court Monday.
The 40-year-old man, who isnSA国际影视传媒檛 being named to protect the identity of the victim, was convicted by a jury in June. The jury found the man guilty on two counts of sexual assault, one count of assault and one count of uttering threats.
The jury found the man had sexually assaulted the woman on two occasions, once in 2012 when the two were in a casual relationship, and again two years later, when the pair were in a common-law union, living together in Yellowknife.
He was also convicted of assaulting and threatening his former partner during a 2016 incident in a northern community.
In handing down her sentence - which struck a medium between the CrownSA国际影视传媒檚 six-year recommendation and the defenceSA国际影视传媒檚 four-year request - Justice Shannon Smallwood said she considered the offenderSA国际影视传媒檚 background and circumstances.
During sentencing submissions last week, the court heard the manSA国际影视传媒檚 childhood was marked by abuse and neglect, and that he suffered within the residential school system.
SA国际影视传媒淎 childhood no child should have to endure,SA国际影视传媒� said Smallwood, adding the offenderSA国际影视传媒檚 background SA国际影视传媒渞esonatedSA国际影视传媒� with her.
Smallwood also addressed a pair of victim impact statements made by the victim. The most recent statement, read in court last week, indicated the woman no longer wanted her former partner to be incarcerated.
Smallwood said these views from victims are sometimes expressed, but stressed domestic violence and abuse is a SA国际影视传媒渃omplicated.SA国际影视传媒� She said the passage of time, combined with rationalization and continued feelings of love, can contribute to those sentiments.
Smallwood revisited the manSA国际影视传媒檚 criminal record, which mostly contains entries from his youth.
Last week, the manSA国际影视传媒檚 lawyer, Charles Davison, pointed out his clientSA国际影视传媒檚 first conviction as a youth - for a property offence - resulted in him going to jail.
SA国际影视传媒淭hatSA国际影视传媒檚 almost unthinkable now,SA国际影视传媒� said Davison last Wednesday.
SA国际影视传媒淣ow weSA国际影视传媒檇 use probation,SA国际影视传媒� said Davison. SA国际影视传媒淲e have to shake our heads years later and ask ourselves how we could expect anything else,SA国际影视传媒� he added, referring to the chain of events that have brought his client before the courts.
On Monday, Smallwood noted the man was incarcerated at the age of 12 for his first conviction.
SA国际影视传媒淚tSA国际影视传媒檚 striking because that is no longer what happens,SA国际影视传媒� said Smallwood.
But Smallwood said a sentence needed to reflect the seriousness of the manSA国际影视传媒檚 crimes. She cited the prevalence of domestic violence in the territory and noted the SA国际影视传媒渆xtremely high rate,SA国际影视传媒� of spousal abuse.
The man, who chose not to address Smallwood during sentencing, turned to a handful of supporters who embraced him before he was led away into custody.
The man has been in custody since being found guilty in mid-June. With credit for time served, heSA国际影视传媒檒l spend four years and six and a half months behind bars. The man must submit a sample of his DNA, register as a sex offender and he cannot possess firearms for the 10 years after his release.
