Photo by Whitehorse Star
Weapon, assault offences put man in penitentiary
A Yukon deputy judge has sentenced a man to more than two years in a federal prison for multiple offences, including assault with a weapon.
A Yukon deputy judge has sentenced a man to more than two years in a federal prison for multiple offences, including assault with a weapon.
Tristian Shayne Richard Greenland, 30, appeared in territorial court Wednesday before Deputy Judge Martin Lambert.
Greenland had been set to stand trial that day, but instead decided to plead guilty to four charges.
He was facing two counts of assault with a weapon, one count of resisting a peace officer, and two counts of failing to comply with a probation order.
Luke Faught, Greenland’s lawyer, told the court his client would change his plea to guilty of the assaults and breaches. He added that he and the Crown had a joint submission ready to present.
Crown prosecutor Ben Eberhard said he was seeking a stay of proceedings on the resist charge. He next read the facts in the case.
Greenland had been placed on probation on Oct. 5, 2018. It included conditions where Greenland had to keep the peace and not drink alcohol.
On Jan. 16, 2019, Whitehorse RCMP received a report of a fight in a residence on Taylor Street. Greenland was found to be fighting with a youth and another individual, and was arrested.
Police found a metal crutch with blood and hair on it. A metal rod found also had blood on it.
One of the victims was taken to the Whitehorse General Hospital.
Eberhard said Greenland gave police a fake last name. The accused, at the time, claimed he’d legally changed his name, but could provide no documentation to back up the claim.
The Crown explained that Greenland later admitted to police that he’d lied about his identity, confirming that Greenland is his real last name.
Eberhard told the court that the fight began when someone at the residence refused to pour Greenland a shot of alcohol. He became angry and the assault took place, involving the crutch and the rod.
Greenland had only met the other individuals earlier that day.
Faught went over the joint submission. Greenland would get one year for each assault and one day for each breach.
The sentence for the two assaults and one breach would be served consecutively. The second breach would be concurrent, equating to two years plus one day.
He explained that the additional day on the sentence is to avoid putting Greenland on probation. He said his client has demonstrated that he does not do well when on probation.
Faught said these were his client’s eighth and ninth assault charges, which he acknowledged is not good. He told the court that Greenland hopes he will get access to federal programming while in prison to deal with his issues.
“He’s really sorry for the pain that he has caused,” Faught said.
Greenland is originally from Inuvik, N.W.T., Faught said. He moved to the Yukon around 2011.
Faught said there are relevant Gladue factors, but his client is waiving his right to have them read in court.
Eberhard spoke briefly on the joint submission. He said it takes into account all circumstances of the case and the accused, and meets all principles of sentencing.
The Crown hopes that with programming at the federal level, Greenland’s involvement in the court process will come to an end.
Before imposing a sentence, Lambert said Greenland is heading toward a regrettable situation in his life. He indicated that Greenland could be designated as a dangerous or long-term offender if he does not change his life.
He said the level of violence in this case in concerning. He gave credit for the guilty plea, as it saved the victims from having to testify.
He approved the joint submission as presented, and included a DNA order and a 10-year firearm prohibition.
“Good luck to you, Sir,” Lambert said.
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Comments (4)
Up 11 Down 3
My Opinion on Mar 17, 2019 at 8:54 pm
Quite obvious readers don't recognize sarcasm.
Up 34 Down 6
Names have been changed to protect the incensed... on Mar 15, 2019 at 9:51 pm
Does not do well on probation? That has to be the most stupidly ironic statement I’ve heard in a while.
One would assume by virtue of all the officially recognized assault convictions that he does not do well regardless of probation or not. But let’s get real here for a moment - One’s criminal record says very little about one’s actual behaviour... Diversions, stays of proceedings, charges withdrawn, incidents not reported due to mistrust in the criminal court system etc...
The official criminal history is just the tip of the iceberg...
There are a lot of bad people in the Yukon and the criminal court system makes things worse because it does not understand human behaviour well. In fact it the criminal court system tells you on the one hand they need programming to address their psychological needs and then on the other tell you it is externally imposed by Gladue factors. Then the criminal court system sends them back into the same environment that was said to have caused or contributed to the criminal behaviour in the first place.
Then we have judges and lawyers blame probations because to their mind probation does not work while you have various parts of the system kneecapping the criminal justice system from being able to do good, solid probation work. The reason is political.
By the way - Politics are not supposed to interfere with justice - something about a blind lady... But here in the Yukon it is the norm, the standard... The people at the top should be ashamed of themselves but alas they see little but their own egos.
The case excerpts below are retrieved from the public website - CanLii
From: R. v. Greenland, 2012 YKTC 30
The first of these is an assault on a Girlfriend. That assault occurred on December 15, 2011. On that date, a Girlfriend called 9-1-1, and that call was interrupted. When the authorities called back the call was directed to voicemail. This suggests that Greenland intervened with the call and disabled the receiver so that there could not be a call back. In any event, it was understood that she wanted the police. The police attended and it appears that Greenland was causing damage in the house and, in assaulting Girlfriend, he choked her. He let her go just before she lost consciousness. Apparently both were intoxicated.
With respect to this charge, there will be a period of three months incarceration.
Two weeks later, on December 29, 2011, there was again a call to 9-1-1. Greenland came into Girlfriend’s house uninvited and upset. She tried to placate him by giving him some food. He threw the plate of food on her, grabbed a picture frame from the wall, hit her over the head with it and knocked her unconscious. When he was arrested, he was intoxicated. This constitutes the offence of assault with a weapon, contrary to s. 267(a) of the Criminal Code.
From: R. v. Greenland, 2013 YKTC 111
on October 13, 2013, he was in a relationship with a Girlfriend and on that day he had been drinking at a friend’s house and had been told to leave. Ms. Vance had gone somewhere else. She came home and Mr. Greenland had come through the window. He pushed her down and kicked her approximately ten times, and then made threats to her not to tell the police about it. She did not report this immediately, but over the course of the next week there were a number of contacts from Mr. Greenland to her that, I agree with the Crown, border on criminal harassment, including threats on October 18 to smash her window, that her TV would be stolen, and that someone would beat her up. That was part of a pattern of what was going on. So this constituted offences under ss. 266 and 264.1(1).
There are six prior offences of violence on his record, and he has done significant time on these offences, from 17 months, and 11 months (and, “credit for four months presentence custody,” which I am not sure means 15 months or 11 months less four). He has clearly struggled with alcohol and with violence. These crimes here, what we are dealing with are statutorily aggravating factors.
By the way - He will do less time in the fed system and will likely be out before any meaningful programming can be completed... LOL
One might be forgiven for thinking that the Andrew Phillipsen Law Centre is Danish sovereign territory... Somethings rotten somewhere...
Up 10 Down 13
My Opinion on Mar 15, 2019 at 6:56 pm
Finally a reasonable sentence.
Up 31 Down 5
Tater on Mar 15, 2019 at 3:54 pm
So, 8 and 9th assault charges, and COULD be designated as a dangerous or long term offender? How many times does it take to assault people to attain that level?