Victor Ugyuk, 32, was sentenced Friday to five-and-a-half years in prison for an assault outside the Yellowknife Sobering Centre that resulted in his cousin Mark PoodlatSA国际影视传媒檚 death last September.
Court heard Ugyuk, who was convicted of manslaughter, struck Poodlat eight times over the course of a few minutes on Sept. 3, 2019. Poodlat lost consciousness with the final blow and died from bleeding and swelling in his brain caused by a laceration in a major neck artery in hospital in Edmonton Sept. 5.
Court heard earlier in the trial that being intoxicated, which Poodlat was, makes this type of injury more dangerous due to exaggerated head and neck movement further aggravating the artery.
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At the start of delivering her sentence, Justice Louise Charbonneau acknowledged that nothing she says or does SA国际影视传媒渃an truly reflect the magnitude of lossSA国际影视传媒� for those mourning Poodlat, including his mother, who was in the courtroom.
Since Ugyuk has been in custody since September 2019, he gets credit for nearly 18 months at the standard 1.5 per day ratio. That leaves him with four years and one month to serve in prison.
The sentence also imposes a firearm prohibition for life and a order preventing contact with PoodlatSA国际影视传媒檚 mother while Ugyuk is in custody.
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Mitigating and aggravating factors
In sentencing, Charbonneau noted the relevant Gladue factors at play and UgyukSA国际影视传媒檚 traumatic past.
UgyukSA国际影视传媒檚 mother went to residential school and struggled with addiction. Ugyuk lived with his aunt and uncle in Taloyoak, NT growing up, though he sometimes lived with his mother in short stints.
When he was 14, Ugyuk spent some time living with his mother in Cambridge Bay.
When he returned, the court heard, Ugyuk got into drinking, started skipping school and was apparently never the same. He was ultimately asked to leave his aunt and uncleSA国际影视传媒檚 residence because of his behaviour. He moved back in with his mom.
Charbonneau said that this seemed to be the SA国际影视传媒渟tart of a downward spiral that never ended.SA国际影视传媒�
When he was 18 Ugyuk became involved with a woman with whom he was very violent. For years he beat his spouse and their two children.
In 2012, his partner and children died in a house fire deemed by the to have been set intentionally by the mother to kill herself and the children.
The community blames Ugyuk for the incident because of the way he treated their family, the court heard.
Charbonneau referred to UgyukSA国际影视传媒檚 history, outlined in a presentencing report (PSR), as mitigating factors that reduce his SA国际影视传媒渕oral blameworthinessSA国际影视传媒� for his crimes.
UgyukSA国际影视传媒檚 early guilty plea, too, is a mitigating factor that Charbonneau said demonstrate he takes responsibility for his actions.
SA国际影视传媒淚tSA国际影视传媒檚 an indication that Mr. Ugyuk is remorseful for whatSA国际影视传媒檚 heSA国际影视传媒檚 done, and I donSA国际影视传媒檛 doubt that he is remorseful.SA国际影视传媒�
At the start of sentencing on Monday, the court saw video footage of the assaults against Poodlat.
Charbonneau said SA国际影视传媒渋t was chilling to watch what unfolded knowing the terrible consequences.SA国际影视传媒�
Manslaughter is to cause another personSA国际影视传媒檚 death by committing an unlawful act without the intention of causing death. Because of the variances in manslaughter cases, possible sentences range from no jail at all to life in prison.
While all parties acknowledged that there was no intention to kill, Ugyuk assaulted Poodlat in three separate sequences in approximately six minutes. Poodlat never engaged in the altercation, demonstrating that the fight was not consensual.
UgyukSA国际影视传媒檚 SA国际影视传媒減ersistanceSA国际影视传媒� despite PoodlatSA国际影视传媒檚 passivity is an aggravating factor in this case, the court heard.
At the time of the altercation Ugyuk was on probation for a previous assault conviction and had only been out of custody for three months. This, in addition to several other violent offences, show that Ugyuk SA国际影视传媒渃annot control his anger,SA国际影视传媒� Charbonneau said.
She said that jail is a last resort in the justice system but that SA国际影视传媒渟eparating Mr. Ugyuk from the rest of the community is clearly necessary here, because his violence towards Mr. Poodlat is not an isolated act.SA国际影视传媒�
'A danger to others'
At MondaySA国际影视传媒檚 proceedings, Ugyuk expressed remorse for his actions and the want to rehabilitate to live a better life.
Charbonneau said she has no doubt he was genuine in his wishes for the future but that SA国际影视传媒渋tSA国际影视传媒檚 not going to happen over night.SA国际影视传媒�
SA国际影视传媒淚t gives me no joy to sentence people to lengthy prison terms,SA国际影视传媒� Charbonneau said, but that her role in sentencing is to SA国际影视传媒減romote peace and safety in our community and to protect the public.SA国际影视传媒�
As it stands right now, she said, SA国际影视传媒渉e is a danger to others in the community.SA国际影视传媒�
"The need to protect others is not diminished by his circumstances."
She said that if he continues to commit further offences it seems likely that the Crown would submit to have him designated a dangerous offender, and so for Ugyuk SA国际影视传媒渢he stakes are high.SA国际影视传媒�
The court heard that Ugyuk has been diagnosed with bipolar disorder, personality disorder, alcohol addition, and other mental health issues for which he has been prescribed medication. He admitted that he has not always been consistent with taking those prescriptions.
Charbonneau said that he needs to address the issues of his past SA国际影视传媒渋n a meaningful waySA国际影视传媒� so that he doesnSA国际影视传媒檛 spend more time in and out of custody SA国际影视传媒渁s he has for the past 15 years or so.SA国际影视传媒�
She said she hopes he will take advantage of the resources he has access to in custody.
SA国际影视传媒淚 hope that the end of these proceedings can be the beginning, or next step, in carrying on.SA国际影视传媒�
