R. v. E.B., (1989) 77 Nfld. & P.E.I.R. 3 (NFPC)

• Judge: Hyslop, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: August 21, 1988
• Jurisdiction: Newfoundland and Labrador
• Citations: (1989), 77 Nfld. & P.E.I.R. 3 (NFPC)

R. v. E.B. (1989), 77 Nfld. & P.E.I.R. 3 (NFPC);

    240 A.P.R. 3

MLB headnote and full text

Her Majesty The Queen v. E.B.

Indexed As: R. v. E.B.

Newfoundland Provincial Court

District of St. John's

Hyslop, P.C.J.

August 21, 1989.

Summary:

The accused pleaded guilty to sexually assaulting his daughter.

The Newfoundland Provincial Court sentenced him to two years' imprisonment plus three years' probation.

Criminal Law - Topic 5932

Sentence - Sexual assault - Daughter - A 38 year old man pleaded guilty to two charges of sexually assaulting his 15 year old daughter - Since she was nine years old he had engaged in various sexual conduct with her short of intercourse, but including threats - He allowed his daughter liberties and privileges only when she acceded to his sexual demands - The Newfoundland Provincial Court sentenced the accused to two years' imprisonment plus three years' probation.

Cases Noticed:

R. v. Morrisette et al. (1970), 1 C.C.C.(2d) 307 (Sask. C.A.), appld. [para. 10].

R. v. Sullivan (1978), 15 Nfld. & P.E.I.R. 271; 38 A.P.R. 271, appld. [para. 10].

R. v. DeHann (1986), 60 Nfld. & P.E.I.R. 267; 181 A.P.R. 267 (Nfld. C.A.), dist. [para. 13].

R. v. Duffney (1986), 61 Nfld. & P.E.I.R. 176; 185 A.P.R. 176 (Nfld. S.C.T.D.), consd. [para. 15].

R. v. French (1988), 71 Nfld. & P.E.I.R. 198; 220 A.P.R. 198 (Nfld. S.C.T.D.), consd. [para. 16].

R. v. Atkins (1988), 69 Nfld. & P.E.I.R. 99; 211 A.P.R. 99 (Nfld. C.A.), consd. [para. 17].

R. v. Peckford (1989), 77 Nfld. & P.E.I.R. 1; 240 A.P.R. 1 (Nfld. C.A.), consd. [para. 18].

Counsel:

M. Madden, for the Crown;

W. Trahey, for the defendant.

This case was heard at St. John's, Newfoundland, before Hyslop, P.C.J., of the Newfoundland Provincial Court, District of St. John's, who delivered the following judgment on August 21, 1988: