R. v. Googoo

Parties

Procedural Posture

Criminal Aggravated Assault / Sentencing Decision

Legal Issues

1. 1 Whether a custodial sentence was required or a conditional sentence was appropriate
2. 2 Effect of the offender’s traumatic brain injury on moral culpability and sentence mitigation
3. 3 Whether a conditional sentence would endanger community safety and satisfy ss.718-718.2

Ratio Decidendi

The court concluded that although the offence was serious and aggravated by use of a high‑powered rifle and a second shot, the offender’s traumatic brain injury and Gladue‑relevant background materially reduced his moral culpability; a conditional sentence of two years less one day with strict house arrest, progressive curfew, and intensive supervision and treatment would not endanger community safety, would satisfy denunciation and deterrence given restrictive and punitive conditions, and would better serve rehabilitation given the offender’s medical and cultural needs; ancillary orders (firearms prohibitions, forfeiture, DNA, surcharge, limited restitution) were warranted.

Court Disposition

Conditional sentence of two years less one day to be served in the community followed by a three‑year probation order; ancillary orders including firearms prohibitions, forfeiture, DNA sample, victim surcharge and limited restitution.

Orders

• Serve 2 years less one day as a Conditional Sentence Order to be served in the community with conditions including 14 months 24/7 residence requirement (with limited exceptions), then 5 months curfew 7:00 p.m. to 6:00 a.m., then remaining period curfew 11:00 p.m. to 6:00 a.m.
• Probation for 3 years to follow completion of the conditional sentence with standard and specific conditions (reporting, residence, not possessing weapons, not contacting victims, medical and counselling requirements)