R. v. Atwood (No. 2), (1991) 105 N.S.R.(2d) 216 (ProvCt)

• Judge: Crawford, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: May 08, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 105 N.S.R.(2d) 216 (ProvCt)

R. v. Atwood (1991), 105 N.S.R.(2d) 216 (ProvCt);

  284 A.P.R. 216

MLB headnote and full text

R. v. Leroy Basil Atwood

(PBW-154864)

Indexed As: R. v. Atwood (No. 2)

Nova Scotia Provincial Court

Crawford, P.C.J.

May 8, 1991.

Summary:

The accused was charged with breach of probation.

The Nova Scotia Provincial Court acquitted the accused.

Criminal Law - Topic 5731

Punishments (sentence) - Probation or probation order - Breach of - The accused was convicted of sexual abuse and was sentenced to imprisonment plus probation, a term of which was his attendance at a sexual abuse support group - He attended sessions while imprisoned; after release he moved to a different area, where the pro­bation officer did not insist that he attend sessions, especially given the accused's transportation and financial difficulties - The Nova Scotia Provincial Court acquitted him of breach of probation on the ground that his failure to attend was not wilful.

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 740(1).

Counsel:

Anthony W. Brown, for the Crown;

Gregory P. Rafuse, for the accused.

This case was heard on May 8, 1991, at Bridgewater, N.S., before Crawford, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on May 8, 1991: