R v James, 2017 YKTC 72

This was a sentencing judgment following a guilty plea.

James (“J”) is alleged to have maimed a dog under section 445 of the Criminal Code. He has PTSD and was intoxicated at the time of the incident. He has no recollection of the incident. He was said to be attempting suicide because of the drugs.

The charge is set to be inherently aggravated in nature and there are no mitigating factors. J also has an extensive record dating back to Youth Court, including violent offences. However, Gladue factors are dominant in his case as he has suffered significant trauma in his life and is a member of the First Nations. Despite this, the primary conditions are still denunciation and deterrence balanced with rehabilitation and support, especially as J is young.

J pleaded guilty. The judge accepted this as a mitigating factor.

Ultimately, the judge concluded a jail sentence was needed, but reduced due acknowledged mitigating factors.

Sentence for animal cruelty: 60 days in jail with credit for 30 days J spent in remand at the rate of 1.5 for each day, which equals 45 days. Thus, J only needs to serve 15 more days. $100 assessment for Victims of Crime Fund. 12 month Probation with conditions. 12 month animal prohibition.

Additional sentencing handed down with respect to s.145(5)(b) (failing to report to show up for court) and s.145(3) (ailing to report to bail supervisor). Additional conditions also attached with respect to post-release and with respect to rehabilitation.