Wednesday, January 7, 2009

Judge to decide if father of girls who froze will face sentencing circle

It's hard to say that a sentencing circle is a bad idea if it helps to heal the community. Remember the circle does not bind the Court's sentence power -- the circle can recommend one thing and the judge do another. On the other hand, this is a matter that needs to have a punishment fitting the offender and the crime; two children died.

ROSE VALLEY, Sask. - A Saskatchewan father whose two young daughters froze to death is about to learn if he'll face an aboriginal sentencing circle.

Provincial court Judge Barry Morgan will rule Wednesday whether Christopher Pauchay should face a sentencing circle after pleading guilty to criminal negligence causing death. It was nearly a year ago that Pauchay stumbled drunk from his home and lost the two little girls in a blizzard.

Defence lawyer Ron Piche argued for a sentencing circle, saying Pauchay has accepted responsibility for his actions and has a lot of support on his home reserve.

The Crown has said a sentencing circle is not appropriate and that the offence calls for a sentence of 2 1/2 to five years in prison.

A sentencing circle allows the aboriginal community to help determine an appropriate sentence for an offender. However, a judge is still obliged to impose a sentence and can ignore the recommendations.

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