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FROM THE DOCKET: Man sentenced for violent and 'cruel' Behchoko home invasion

Behchoko

A Behchoko man who left a resident bloodied and beaten following a violent 2016 home invasion was handed an 18-month sentence in NWT Supreme Court last week. "I hope this is a turning point in your life," Justice Andrew Mahar told Jacob Smith-Lafferty, 21, during a sentencing hearing Tuesday in Yellowknife.

A homeowner was abruptly awoken in the early hours of Feb.8, 2016 when an intoxicated Smith-Lafferty and another man broke into his residence in search of alcohol, the court heard.

Smith-Lafferty, and the second intruder, whose charges were stayed by the Crown when Smith-Lafferty changed his plea to guilty, dragged the victim into another room where they kicked and punched him, damaging a wall in the process.

Mahar said the crime was committed using a "remarkable lack of sophistication."

In July, Crown prosecutor Jay Potter called the violent home invasion "cruel," and recommended Mahar hand down a two-year sentence followed by three years of probation, citing the "recklessness," of the crime which left the victim with bruises and a bloody nose.

Highlighting his client's traumatic upbringing and struggles with addiction, Smith-Lafferty's lawyer called for a lighter sentence of 12 to 18 months.

Ultimately Mahar settled on the lower end of the Crown's recommendation, but on the higher end of the defence's request.

Mahar described the home invasion as "unfortunately and tragically simple," saying the pair's quest for alcohol led to the victim being "terrorized."

During a facts and sentencing hearing in July, Smith-Lafferty expressed remorse for his actions and told the court he wanted to get back to taking care of his kids.

Smith-Lafferty, who will be on probation for three years following his release, must submit a DNA sample and cannot possess firearms for 10 years.

With credit for time served in pre-trial custody, Smith-Lafferty has a little over a year left to serve on his sentence.

 

Guilty plea in murder case

Hay River

Tyler Cayen, one of four people charged in connection with the December death of Alexander Norwegian, pleaded guilty to being an accessory to manslaughter in NWT Supreme Court Thursday.

Tyler, 32, was arrested in February and charged with murder and robbery after Norwegian's body was found inside a vehicle on the access road to Sandy Creek on the Hay River Reserve on Dec. 28.

Three others – Sasha Cayen, 25, Levi Cayen, 20, and James Thomas, 26 – were also charged in relation to the homicide.

In May, Tyler saw his charges downgraded to robbery and being an accessory to murder.

He is the first of the four suspects to enter a plea.

A preliminary inquiry for Levi Cayen, who faces one count of first-degree murder and one count of robbery, has been set for November.

James Thomas, who is also charged with first-degree murder and robbery, also opted for a preliminary hearing.

Preliminary hearings are used to determine if the Crown has enough evidence to take a case to trial.

Sasha Cayen – originally charged with murder and robbery – saw her charges downgraded along with Tyler's in May.

She is now charged with robbery and manslaughter. Sasha was denied bail in May.

 

Behchoko man gets almost five years for sexual assaults

Somba K'e/Yellokwknife

A Behchoko man convicted of sexually assaulting a 13-year-old girl while out on bail for another sexual assault received a four-year, nine month sentence in NWT Supreme Court.

Forty-two-year-old Peter John Lafferty, who previously pleaded guilty to two counts of sexual assault, hung his head as Justice Louise Charbonneau handed down her decision on Friday morning, accepting a joint-submission from the Crown and Lafferty's defence.

"This is not normal. This should not be happening," said Charbonneau, who decried the "epidemic" of sexual assaults on women and girls in NWT communities.

In October 2016, the court heard, a woman was drinking heavily at Lafferty's residence with friends before passing out. A friend attempted to wake the woman but failed before leaving Lafferty's home and calling RCMP – concerned that her friend was intoxicated and alone with the defendant.

Mounties attended the scene and resorted to breaking into Lafferty's home where they found him passed out with the highly intoxicated woman. She was later awoken by paramedics.

Two condoms were found inside the residence and sent for testing along with Lafferty and the victim's clothing. They contained DNA that matched that of the perpetrator and the victim.

Lafferty was arrested but was soon released on an undertaking. Just three weeks later, he committed another sexual assault on a sleeping victim – this time a girl in her early teens.

After a night of drinking at the offender's home on Oct. 22, 2016, the girl awoke to Lafferty having sex with her, the court heard.

DNA analysis of a condom found inside the residence matched Lafferty and the victim.

"He took advantage of an opportunity that presented itself on two occasions, the second while he was released on an undertaking," said Crown prosecutor Jeannie Scott during a facts and sentencing hearing on Aug. 7.

In 1999, Lafferty was once again convicted for sexually assaulting a sleeping woman, noted Scott.

"Sentencing needs to send a message to Lafferty that this conduct is intolerable," she said.
Lafferty, who was intoxicated when he committed the assaults, has little memory of the crimes, but told Charbonneau he was sorry for the "stupid" acts and that he was drinking heavily at the time to "numb" grief.

Handing down her decision Friday, Charbonneau said describing the crimes as "stupid," failed to adequately capture the gravity of the offences.

Charbonneau said Lafferty committed an "awful" violation of the victims' sexual integrity.

Women and girls in the North should be able to go to sleep without worrying about being raped, she said.

Despite the prevalence of the "terrible cycle," of sexual assaults on sleeping victims, Charbonneau stressed communities shouldn't accept the behaviour as normal and that Lafferty should take advantage of programming offered to repeat sexual offenders while serving his time.

As part of his sentence, Lafferty must register as a sex offender for the rest of his life, submit his DNA and cannot possess a firearm for 10 years after his release.

With credit for time served in pretrial custody – 22 months – Lafferty will spend about two years and nine months behind bars.