A Yellowknife man who changed his plea mid-trial, just as the woman he sexually assaulted was about to take to the witness stand, was sentenced to two years less a day on Monday.
Forty-nine-year-old Timothy Cook - who worked for in Fort Good Hope and Inuvik before joining the military in the early 1990s - went to trial late last year after pleading not guilty to one count of sexual assault stemming from an incident at his Yellowknife apartment in 2013.
Cook was charged in March 2017 after a woman said he sexually assaulted her in late 2013. On Oct. 22 of last year, in the middle of his sexual assault trial, Cook changed his plea to guilty.
His victim, who expressed serious reservations about revisiting the night she was assaulted, was spared from having to take the stand -- about five minutes before she was set to do so.
The victim then entered the courtroom, where Cook apologized to her.
In a Yellowknife courtroom on Monday, NWT Supreme Court Justice Andrew Mahar - the presiding justice for the fall trial - gave Cook SA国际影视传媒渇ull creditSA国际影视传媒 for what he called a sincere and SA国际影视传媒渉eartfeltSA国际影视传媒 apology.
By changing his plea, Cook admitted to sexually assaulting the woman while she slept between the evening of Dec. 30 and the morning of Dec. 31, 2013. Cook and the woman, the court heard, were drinking with friends at his apartment before the victim passed out. She awoke to Cook sexually assaulting her, according to an agreed statement of facts. A conviction was formally entered by Justice Mahar on Monday.
Crown prosecutor Blair MacPherson, who along with CookSA国际影视传媒檚 lawyer submitted a joint recommendation of two years less a day followed by one year probation, said the offender committed the SA国际影视传媒渕ajorSA国际影视传媒 sexual assault when the victim was passed out in a SA国际影视传媒渧ery vulnerable state.SA国际影视传媒 MacPherson said the circumstances of the assault are SA国际影视传媒渁ll too commonSA国际影视传媒 in the territory, calling assaults on sleeping victims a SA国际影视传媒渧ery serious problem in this jurisdiction.SA国际影视传媒
SA国际影视传媒淭he facts (of the case) are so tragically common,SA国际影视传媒 agreed Justice Mahar.
MacPherson called for the two year sentence - about the SA国际影视传媒渓owest a court can goSA国际影视传媒 for a major sexual assault - after considering CookSA国际影视传媒檚 guilty plea, his remorse and the Gladue factors present in the offenderSA国际影视传媒檚 life.
Cook, along with his siblings and parents, all attended residential schools, and he witnessed some violence and substance abuse at home. Cook, who began drinking at age 12, has struggled with alcohol addiction throughout his life, the court heard.
Tu Pham, representing Cook on behalf of his lawyer Evan McIntyre, said Cook is motivated to get help and is actively seeking treatment in B.C.
SA国际影视传媒業 havenSA国际影视传媒檛 felt the same since this happenedSA国际影视传媒
In a victim impact statement read in court, the woman said she lived in fear following the assault. Now, sheSA国际影视传媒檚 angry, she wrote.
SA国际影视传媒淚 feel lots of anger and itSA国际影视传媒檚 always anger towards men,SA国际影视传媒 the victim wrote.
The woman detailed the lingering effects of the sex assault years after it occurred, writing she now self-medicates with alcohol, often staying in her room - the SA国际影视传媒渟afest place.SA国际影视传媒
SA国际影视传媒淚 havenSA国际影视传媒檛 felt the same since this happened,SA国际影视传媒 she wrote.
SA国际影视传媒淲hat causes men to do this at 3 a.m.?SA国际影视传媒 asked MacPherson, revisiting the musings of Justice Louise Charbonneau, who asked a similar question in a previous sex assault case on a sleeping victim.
SA国际影视传媒淚t does boggle the mind,SA国际影视传媒 said MacPherson, adding the SA国际影视传媒渜uestion canSA国际影视传媒檛 be answered,SA国际影视传媒 because every case is different.
MacPherson emphasized the need to denounced and deter the SA国际影视传媒渁ll-too-commonSA国际影视传媒 type of
offence.
SA国际影视传媒楧evastating consequencesSA国际影视传媒
Cook, who was supported by his spouse in the Yellowknife courtroom, addressed the court Monday.
SA国际影视传媒淚SA国际影视传媒檓 sorry for what happened,SA国际影视传媒 he said. SA国际影视传媒淚 just want to put this behind me.SA国际影视传媒
Justice Mahar, who noted Cook has no recollection of the events due to his high level of intoxication at the time, said the assault was SA国际影视传媒渙ut of character,SA国际影视传媒 adding Cook has shown SA国际影视传媒渃lear remorse.SA国际影视传媒 Mahar weighed his comments with the seriousness of the assault, which he called SA国际影视传媒渄eeply intrusive.SA国际影视传媒
SA国际影视传媒淭he victim has suffered devastating consequences,SA国际影视传媒 he said. SA国际影视传媒淭hese sorts of crimes cause damage that goes well beyond (a physical toll).SA国际影视传媒
Cook must submit a sample of his DNA, and is required to register as a sex offender. He cannot possess weapons for 10 years following his release, and is barred from contacting the victim.
Justice Mahar will recommend Cook serve his time in Yellowknife, and that he be considered for early release if a residential treatment program is secured.
Cook, who was not in custody, shared a tearful kiss with his wife before being placed in custody.