Woman gets suspended sentence for 2024 Yellowknife assault

A woman convicted of assaulting another woman in Yellowknife in 2024 has been given a 12-month suspended sentence.

RCMP said in October 2024 they had arrested a woman in connection to a reported stabbing near the Sunridge Apartments, since rebranded as the Sa Naio apartments.

Pamela Rabesca, 42, subsequently pleaded guilty to one count of assault.

The Crown withdrew additional charges of assault with a weapon, assault causing bodily harm and carrying a knife for a dangerous purpose. The Crown stayed a charge of obstructing a police officer.

According to an agreed statement of facts, on the morning of October 4, 2024, a woman was walking down 51 Avenue when a truck pulled over and Rabesca and another woman got out and confronted her.

Rabesca admitted attempting to strike the woman multiple times and physically connecting with the left side of her body at least once.

Rabesca and the other woman with her then got back in the truck and drove away.

Police received a call at around 8:30am reporting a person had been stabbed. They located the victim near Northern United Place with what appeared to be a stab wound to her left arm. Paramedics took her to Stanton Territorial Hospital for treatment.

The Crown conceded, however, that it could not prove beyond a reasonable doubt that Rabesca had caused the injury to the woman’s left arm.

Statement to police thrown out

Court records indicate police obtained CCTV footage of the assault that showed a female suspect and a red Ford F-150.

Police located a truck matching that description parked outside the Norseman Apartments with two men inside. They also saw a woman matching the description of the suspect yelling at the men in the truck.

RCMP arrested multiple people, including Rabesca. They found a folding knife in her jacket pocket.

RCMP kept Rabesca in the cells at the Yellowknife detachment overnight. An officer interviewed her the following morning then told her she was being charged with aggravated assault.

Ahead of trial, NWT Supreme Court Justice Annie Piché ruled the Crown could not use Rabesca’s statement to police from that interview as evidence.

Defence lawyer Charles Davison had argued the statement should be thrown out as it was involuntary and obtained in violation of Rabesca’s right to remain silent.

Davison said Rabesca had asserted her right to silence more than a dozen times during the interview, which the officer questioning her “simply brushed off.”

He argued other factors contributed to denying Rabesca a meaningful choice to abstain from speaking, including the amount of time she was held in custody before the interview, her inexperience with the justice system, and the fact she said she felt sick and had disclosed a medical condition to RCMP.

Piché said due to those combined factors, she was not satisfied beyond a reasonable doubt that the statement had been given voluntarily and freely. She said she did not believe the officer interviewing Rabesca had intentionally breached her right to remain silent.

Judge highlights benefits of joint submissions

Last month, Piché gave Rabesca a one-year suspended sentence for the assault charge.

That means Rabesca will be on probation for 12 months and must follow conditions. If she violates those conditions, she could face jail time.

Crown and defence lawyers had jointly proposed the suspended sentence.

In accepting the recommendation, Piché highlighted the benefit of joint sentencing submissions.

“The accused is unlikely to give up their right to a trial unless they have some certainty about the outcome,” she said.

“And the prosecution can secure a conviction when their case might present weaknesses or challenges, and I understand this is one of the cases where the Crown was facing challenges.”

Factors Piché considered in sentencing Rabesca included that the assault was an unprovoked attack and “must have been a very scary experience” for the victim.

She also noted that Rabesca does not have a prior criminal record and lawyers had said the offence was “out of character” for her.

Piché said rehabilitation was an important factor in sentencing as issues with alcohol were related to the offence.

“I hope you take advantage of the help that is going to be given to you now,” Piché told Rabesca.