Iqaluit man given shorter sentence for attempted murder, forcible confinement
Former chief justice Neil Sharkey erred in issuing original 12-year sentence, appeal court panel finds
The Nunavut Court of Appeal says former chief justice Neil Sharkey erred in his decision to reject a joint sentence in an Iqaluit man’s attempted murder case. (File photo by Jeff Pelletier)
The 12-year sentence given to an Iqaluit man who pleaded guilty to attempted murder and forcible confinement has been shortened by the Nunavut Court of Appeal.
Mosesee Nakashook’s sentence was replaced with a seven-year sentence, a March 10 decision by justices Shannon Smallwood, Jo’Anne Strekaf and Kevin Feth said.
The judges said former chief justice Neil Sharkey, who sentenced Nakashook on Feb. 20, 2024, erred by rejecting a joint submission from Crown and defence lawyers suggesting a seven-year sentence.
An intoxicated Nakashook attacked a woman with a meat cleaver in February 2020. He fractured her skull and caused “extensive” lacerations across her upper body. She suffered permanent physical and psychological injuries.
After the attack, Nakashook confined the woman and two of her friends to a room in his house for several hours, until they escaped.
Nakashook pleaded guilty to the charges.
The joint submission presented in court last year highlighted Nakashook’s pre-sentencing Gladue report, which detailed the abuse he experienced as a child and his loss of family members to suicide.
The submission outlined his progress in healing and work-related programs while in pre-trial custody.
Sharkey was empathetic to Nakashook’s experiences. However, he emphasized the need to denounce violence against Indigenous women, and called a seven-year sentence a “breakdown of the system.”
Nakashook’s lawyers and the Crown appealed Sharkey’s ruling.
The appeal judges cited a Supreme Court of Canada case that established how judges must apply a stringent “public interest” test when they consider rejecting a joint submission.
They recognized the “horrific nature” of the assault and the victim’s permanent physical and psychological injuries, but said, “this is not one of the rare instances where it would be appropriate to reject a joint submission.”
That it anthers slap on the wrist again
Right the first time, wrong on appeal. Gladue is one of the many unfortunate rulings from the Supreme Court. That decision and this one fail to consider the need to protect citizens from violent attackers—by sending them in prison for a long time.
Think about it. One inch to the left and dead. “Oh, you missed, that’s different. Sorry, just 7 years instead of 12” It’s attempted murder and whatever his background history doesn’t change that. 25 years is too good. The bleeding heart judges are the problem because they remove deterrence.
Eliminate. Get rid of the Gladue cr*p.
Can’t do the time? Don’t do the crime.
Stop trying to use the past for today’s bad behaviour. “Oh Woe is me!!! The past…😭…Oh woe is me. Not know how function. Need babysitter.😭😥 “
Sad but true.
Chances are… the community is victim blaming and victims are ostracized.
“Dirty looks” from the “poor criminal ‘s” relatives and all the small town gossip.
Victimized over and over.❤️🩹
I hope there’s some kind of help for the victims.
The victim has been charged for life while the person doing the crime has been given leniency. Only in Canada. What rot.
Keep voting ndp-liberal. Soon thell be giving out probation for murderers.
Gladue should never be considered in cases like this. Canadian justice has become a joke. I hope the entire country breaks down so we can start over again..
Gladue should be applied. To all the people being sentenced. Afterall aren’t all people damaged. Why treat any offender differently. Lets be fair you can’t treat. One group in society any different than any other group.
Doesn’t the gladue principal create a loop? Since indigenous women who face violence from their peers, the perpetrator is going to get a decreased sentence at the cost of violence against the victim. So how does this balance? It’s a continuous loop, indigenous women face violence and at times life altering consequences and if it’s by their peers, they’ll get a short sentence instead of a more serious sentence.
Maybe it’s time for stricter punishment for violent offenders, public needs to know if you do this, there is hard time in front of you. We need a deterrent, Iqaluit has gotten out of hand in terms of public safety.
Taima!!
Sentence shortened. How about released from jail. We deserve to know that he is now walking the streets of Iqaluit.