R. v. Bennett (J.J.), (2016) 380 Nfld. & P.E.I.R. 147 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: March 11, 2016
• Jurisdiction: Newfoundland and Labrador
• Citations: (2016), 380 Nfld. & P.E.I.R. 147 (NLPC);2016 NLPC 1315

R. v. Bennett (J.J.) (2016), 380 Nfld. & P.E.I.R. 147 (NLPC);

    1177 A.P.R. 147

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. MR.020

Her Majesty the Queen v. Joseph Jonathan Bennett

(2016 NLPC 1315A00460)

Indexed As: R. v. Bennett (J.J.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

March 11, 2016.

Summary:

On June 11, 2015, Hann ended her relationship with Bennett. She asked Bennett to move out of her residence, which he did. The next day, Bennett entered Hann's residence in the early hours of the morning and assaulted her when she attempted to contact the police. Bennett was arrested and released later that day. One of the conditions of his release required that he abstain from communicating with Hann. On December 4, 2015, Bennett breached that condition of his release by repeatedly calling Hann and by threatening to "kick in her teeth." Bennett pled guilty to having committed the offences of assault, uttering a threat, unlawful entry into a dwelling-house, breach of undertaking (two counts), and breach of probation. The Crown proceeded by way of summary conviction in relation to each charge.

The Newfoundland and Labrador Provincial Court imposed a period of 15 months' incarceration, less 62 days' credit for 41 days of pre-sentence custody, followed by three years of probation. The court also issued a DNA order and imposed a 10 year weapons prohibition order.

Criminal Law - Topic 5803

Sentencing - General - Consecutive sentences - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5831.9

Sentencing - Considerations on imposing sentence - Domestic violence - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5861

Sentence - Assault (incl. common) - On June 11, 2015, Hann ended her relationship with Bennett - She asked Bennett to move out of her residence, which he did - The next day, Bennett entered Hann's residence in the early hours of the morning and assaulted her when she attempted to contact the police - Bennett was arrested and released later that day - One of the conditions of his release required that he abstain from communicating with Hann - On December 4, 2015, Bennett breached that condition of his release by repeatedly calling Hann and by threatening to "kick in her teeth" - Bennett pled guilty to having committed the offences of assault, uttering a threat, unlawful entry into a dwelling-house, breach of undertaking (two counts), and breach of probation - The Crown proceeded by way of summary conviction in relation to each charge - Bennett was 26 years of age - He had an extensive criminal record of 35 prior convictions, which included 18 convictions for having breached court orders - The Newfoundland and Labrador Provincial Court determined appropriate sentences for the individual offences and concluded that the periods of imprisonment for each of the offences should be served consecutively - That would result in a period of 18 months' imprisonment being imposed - After considering the totality principle, the court concluded that 18 months' imprisonment was excessive - The court reduced the overall sentence imposed to one of 15 months' months imprisonment, less 62 days' credit for 41 days of pre-sentence custody - That would be followed by three years of probation - The court also issued a DNA order and imposed a 10 year weapons prohibition order.

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5895

Sentence - Threats - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5898

Sentence - Breach of probation - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5929

Sentence - Being in a dwelling with intent - [See Criminal Law - Topic 5861 ].

Counsel:

V. Yip, for Her Majesty the Queen;

T. Morris, for Mr. Bennett.

This matter was heard on March 11, 2016, at Corner Brook, N.L., before Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on the same date.