Pangnirtung man gets 18 years for brutal sexual assault
Last Updated: Tuesday, April 21, 2009 | 3:19 PM CT
CBC News
The 18-year sentence handed to a Nunavut man for a brutal sexual assault is one of the toughest ever imposed in the North.
Justice Beverley Browne sentenced Tommy Nuvaqiq of Pangnirtung last month to 18 years in prison for aggravated sexual assault. He pleaded guilty in the June 20, 2005, attack on a woman in the community.
A transcript of Browne's reasons for the sentence was released on Monday.
"The sentence is a very appropriate one, considering the fact that the court has to look at the type of injuries that the complainant suffered and the prognosis with respect to that," Crown prosecutor John Solski told CBC News on Monday.
"It's probably, I believe, the longest sentence for a non-homicide ever imposed in Nunavut."
The victim, who cannot be named under a publication ban, was then a 31-year-old summer student who had been in Pangnirtung for just over a month when Nuvaqiq broke into her residence and violently sexually assaulted her.
'Brutal, horrible, frightening'
Among the woman's injuries were fractures to her skull and jaw. Covered in blood, she crawled to a neighbour's house to seek help, according to a statement of facts agreed to by Crown and defence lawyers.
"I could hardly think of the words to describe the brutality of this crime," Browne said in her decision.
"The assault can only be described as brutal, horrible, frightening, but words really don't convey the horror that she experienced and that those of us who have been dealing with the case have felt from time to time."
Browne said Nuvaqiq had broken into the woman's home and cut her telephone line, showing premeditation.
The judge also stated that Nuvaqiq already had a criminal record, with convictions for sexual assault dating back to 1998. He was facing two charges of breaking and entering at the time of the attack.
While Browne noted that Nuvaqiq had pleaded guilty to the crime, she also expressed disappointment that he said nothing in court.
No statement of remorse
Nuvaqiq gave "no statement of remorse or regret, no commitment to try to make changes in his life" and "no thanks to his family for coming here and sitting through some difficult things that were being said about the things that he did," Browne said.
The court decision states that the woman still suffers from a speech impediment, right side numbness, cognitive challenges and psychological trauma.
"There is a certain amount of residual physical damage, let alone the mental suffering that this lady went through," Solski said.
Solski said he was pleased the judge gave Nuvaqiq less than the usual "two for one" credit for time he had spent in remand while awaiting trial. He has 13 years left in his sentence, after crediting the time in remand.
Browne also agreed with the Crown's request to increase the time Nuvaqiq must serve before he's eligible for parole. He will not be eligible for 6½ years.
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