R. v. Augustine (T.A)., (1993) 133 N.B.R.(2d) 320 (TD)

• Judge: Riordon, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 16, 1992
• Jurisdiction: New Brunswick
• Citations: (1993), 133 N.B.R.(2d) 320 (TD)

R. v. Augustine (T.A). (1993), 133 N.B.R.(2d) 320 (TD);

    133 R.N.-B.(2e) 320; 341 A.P.R. 320

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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R. v. Theresa Anne Augustine

(N/M/41/92)

Indexed As: R. v. Augustine (T.A).

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Newcastle

Riordon, J.

January 6, 1993.

Summary:

The accused young Native woman pleaded guilty to assault causing bodily harm and aggravated assault after she stabbed two men in a drunken brawl.

The New Brunswick Court of Queen's Bench, Trial Division, sentenced her to 18 months' imprisonment for assault causing bodily harm and two years' concurrent im­prisonment for aggravated assault.

Criminal Law - Topic 5883

Sentence - Assault causing bodily harm - The accused 18 year old Native woman stabbed two men in her apartment after they threatened her boyfriend with a knife - All were drunk - Accused charged with assault causing bodily harm respecting one man, who suffered a number of cuts, but no life-threatening injuries - Charged with aggravated assault respecting other man, who suffered more serious cuts, including one which required surgery - Accused came from extremely violent home life, began to drink at age 12 and from then on had lived a transient life of self-abuse - The New Brunswick Court of Queen's Bench, Trial Division, sentenced her to 18 months' imprisonment for assault causing bodily harm and two years' concurrent imprisonment for aggravated assault.

Criminal Law - Topic 5938

Sentence - Aggravated assault - [See Criminal Law - Topic 5883 ].

Cases Noticed:

R. v. Turner (1971), 1 C.C.C.(2d) 293, appld. [para. 18].

R. v. Gallant (S.F.) (1982), 126 N.B.R.(2d) 421; 317 A.P.R. 421 (C.A.), consd. [para. 20].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 267(1)(b), sect. 268(2).

Counsel:

Jack Walsh, for the Crown;

D. Ellen Cook, for the accused.

This case was heard on November 16, 1992, at Newcastle, N.B., before Riordon, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Newcastle, who delivered the following oral judgment on January 6, 1993: