Courts Martial

Decision Information

Slusarchuk T.A. (Ex-Sapper), R. v.

Collection Courts Martial
Date 2010-05-25
Neutral citation 2010 CM 2007
Docket 201004
Judge P.J. Lamont
Decision type Sentence
Decision status Available
Type of Court Martial Standing Court Martial
Notes

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Summary:

Date of commencement of the trial: 25 May 2010

Location: Asticou Centre, Room 2601, 241 de la Cité-des-Jeunes Boulevard, Gatineau, QC

Charges
•Charges 1, 2, 3: S. 130 NDA, uttering forged document (s. 368 CCC).
•Charge 4 (alternate to charge 5): S. 130 NDA, fraud (s. 380(1) CCC).
•Charge 5 (alternate to charge 4): S. 117(f) NDA, an act of a fraudulent nature not particularly specified in sections 73 to 128 of the National Defence Act.
•Charge 6 (alternate to charge 7): S. 130 NDA, fraud (s. 380(1) CCC).
•Charge 7 (alternate to charge 6): S. 117(f) NDA, an act of a fraudulent nature not particularly specified in sections 73 to 128 of the National Defence Act.

Results
•FINDINGS: Charges 1, 2, 3, 4, 6: Withdrawn. Charges 5, 7: Guilty.
•SENTENCE: A severe reprimand and a fine in the amount of $1500.

Decision Content

COURT MARTIAL

 

Citation: R. v. Slusarchuk, 2010 CM 2007

 

Date:  20100525

Docket: 201004

 

Standing Court Martial

 

Asticou Centre Courtroom

Gatineau, Québec, Canada

 

Between: 

 

Her Majesty the Queen

 

- and -

 

Ex-Sapper T.A. Slusarchuk, Offender

 

 

Before:  Commander Lamont, M.J.

 

 

REASONS FOR SENTENCE

 

(Orally)

 

[1]               The courts of appeal across Canada, including the Court Martial Appeal Court in the case of Private Taylor, have held that the joint submission of counsel as to sentence, should be accepted by a sentencing court unless to do so would bring the administration of justice into disrepute, or the proposed sentence is otherwise contrary to the public interest. On the basis of all the circumstances that I have been made aware of, I cannot say that the sentence proposed jointly by counsel would either bring the administration of justice into disrepute or is otherwise contrary to the public interest, and I, therefore, accept the joint recommendation of counsel.

[2]               Mr Slusarchuk, you are sentenced to a severe reprimand and a fine in the amount of $1,500 payable forthwith.

 

Counsel:

 

Lieutenant-Colonel M. Trudel, Canadian Military Prosecution Services

Counsel for Her Majesty the Queen

 

Major B. Tremblay, Directorate of Defence Counsel Services

Counsel for ex-Sapper Slusarchuk

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