R. v. Brown, (1976) 13 Nfld. & P.E.I.R. 1 (NFPC)

• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: July 01, 1976
• Jurisdiction: Newfoundland and Labrador
• Citations: (1976), 13 Nfld. & P.E.I.R. 1 (NFPC)

R. v. Brown (1976), 13 Nfld. & P.E.I.R. 1 (NFPC);

    29 A.P.R. 1

MLB headnote and full text

R. v. Brown

Indexed As: R. v. Brown

Newfoundland Provincial Court

District of St. John's

Magistrate Luther

July 1, 1976.

Summary:

This case arose out of charges against the accused of forgery contrary to s. 325(1) of the Criminal Code of Canada, R.S.C. 1970, c. C-34, and fraud contrary to s. 338(1). The accused forged a document with the signature of the Newfoundland Minister of Tourism with the intent of defrauding a company of $22,333.82. The accused was charged and pleaded guilty.

In the judgment below the Newfoundland Provincial Court sentenced the accused for both offences to 80 days intermittent imprisonment plus 3 years probation and a fine of $3,600 or a further two years imprisonment in default.

Criminal Law - Topic 5604

Punishments - General principles - Multiple punishments - The Newfoundland District Court held that a term of imprisonment, a period of probation and a fine could be imposed in one sentence - See paragraph 12.

Criminal Law - Topic 5859

Sentencing - Fraud - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 338(1) - The accused forged a document for the purpose of defrauding a company of $22,333.82 - No restitution was made - The Newfoundland District Court sentenced the accused for fraud and forgery to 80 days intermittent imprisonment plus 3 years probation and a fine of $3,600 or a further 2 years imprisonment in default.

Criminal Law - Topic 5876

Sentence - Forgery - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 325(1) - The accused forged a document for the purpose of defrauding a company of $22,333.82 - No restitution was made - The Newfoundland District Court sentenced the accused for fraud and forgery to 80 days intermittent imprisonment plus 3 years probation and a fine of $3,600 or a further 2 years imprisonment in default.

Cases Noticed:

R. v. Warner, 7 Nfld. & P.E.I.R. 79; 3 A.P.R. 79, dist. [para. 5].

R. v. Blundon, 8 Nfld. & P.E.I.R. 403; 8 A.P.R. 403, folld. [para. 12].

R. v. Dobson, 11 N.S.R.(2d) 81; 5 A.P.R. 81, folld. [para. 12].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 325(1), sect. 338(1).

Counsel:

J.B. Vernon French, for the accused;

John McGrath, for the Crown.

This case was heard at St. John's, Newfoundland, before Magistrate LUTHER of the Newfoundland Provincial Court.

On July 1, 1976, Magistrate LUTHER delivered the following judgment: