Yellowknife man gets 38 months for fourth sex assault conviction

Frankie James Eyakfwo was sentenced Wednesday to a two-and-a-half year prison sentence for his fourth sexual assault conviction.

On July 1, 2019, the victim of the assault was visiting Yellowknife from her home community in Nunavut. Eyakfwo, whom the victim had never met, offered to walk her home. While walking through an alley, Eyakfwo pulled down the victimSA国际影视传媒檚 pants and then his own. He raped the woman and left. 

The victim reported the assault to the and was taken to the hospital. A sample extracted from her sexual assault examination found male DNA. EyakfwoSA国际影视传媒檚 DNA was already in the national database from prior assault convictions and was found to match the victimSA国际影视传媒檚 swab. 

Standard procedure requires to request an additional sample from Eyakfwo. The results came back in June 2020 and confirmed EyakfwoSA国际影视传媒檚 match. He was then arrested, charged and remanded into custody.

The Canada day offence happened mere weeks after Eyakfwo was released from custody for sexual assault charges incurred in 2018 SA国际影视传媒� a case where he assaulted a sleeping victim.

In a joint submission, Crown Prosecutor Morgan Fane and defence lawyer Jessi Casebeer recommended Eyakfwo serve 38.5 months, or 30 months after deducting his credit for time in pre-trial custody.

The two-and-a-half year sentence means Eyakfwo will serve his time in a federal correctional facility. 

In rendering her decision, Justice Louise Charbonneau called the sentence SA国际影视传媒渆xtremely restrained.SA国际影视传媒� 

She explained that her discretion is greatly reduced when presented with a joint submission and that while the 30 month sentence SA国际影视传媒渋s likely not the submission (she) would have imposed,SA国际影视传媒� she could not say the joint recommendation is unreasonable and would therefore accept it. 

Though, she said SA国际影视传媒渢he sentence should not be seen as having precedential value and is not how this court manages serious sex offences like this one.SA国际影视传媒�

Charbonneau also noted that the sentence is only slightly longer than the term Eyakfwo served for his last offence SA国际影视传媒� a 30-month sentence that left Eyakfwo with only nine months in a correctional facility after his credit for pre-trial custody had been deducted. 

Acknowledging how soon after his release the most recent offence occurred, Charbonneau said it was clear that rehabilitation had not been achieved. 

Charbonneau noted public safety as a concern. While she said she believes Eyakfwo when he says he wants to change, SA国际影视传媒減articular care should be taken when he is eligible for release,SA国际影视传媒� she said. 

Though Eyakfwo has a number of prior convictions, starting with charges from 2003 when he was only 14, Charbonneau noted that this would be the first time he was in federal custody and had access to federal programming. 

Charbonneau told Eyakfwo that he was lucky the Crown was not asking him to be designated a long term offender or dangerous offender. 

While the court heard Eyakfwo was himself a victim of abuse and violence in childhood, Charbonneau said that no matter the offenderSA国际影视传媒檚 background, if a person is continuously causing harm to others, there comes a point where the court doesnSA国际影视传媒檛 have a choice.

SA国际影视传媒淩emoving that person from the community becomes a necessity,SA国际影视传媒� she said. 

The court heard that Eyakfwo had returned to his home community of Whati before his most recent arrest. Letters of support indicated Eyakfwo has family support in Whati and that he had been doing well in the months he had returned.  

Charbonneau said that while his time is Whati was short, it shows hope for a brighter future when he has the support of his home community. 

The court also heard that Eyakfwo has skills on the land and, through drawings rendered to the court, artistic ability. Charbonneau told the court that EyakfwoSA国际影视传媒檚 drawings are beautiful and that he SA国际影视传媒渙bviously has talents and skills and can use them to lead a more productive life.SA国际影视传媒�

Charbonneau told the court that Eyakfwo, 31, is still young and that she believes him when he says he is sorry and doesn't want to spend his life in jail. 

After delivering her decision, EyakfwoSA国际影视传媒檚 lawyer indicated that he had a drawing he wished to provide the judge. 

Charbonneau thanked him, but said that judges need to be careful about receiving offerings because of how it may be perceived. She told him the drawing would stay on the court file but that she would not keep it personally. 

An additional firearm prohibition will be placed on Eyakfwo for 10 years after his release from custody.

He will remain on the sex offender registry for the rest of his life.