R. v. Bungay (J.), (2014) 346 Nfld. & P.E.I.R. 28 (NLPC)

• Judge: Orr, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: January 22, 2014
• Jurisdiction: Newfoundland and Labrador
• Citations: (2014), 346 Nfld. & P.E.I.R. 28 (NLPC);2014 NLPC 0113

R. v. Bungay (J.) (2014), 346 Nfld. & P.E.I.R. 28 (NLPC);

    1078 A.P.R. 28

MLB headnote and full text

Temp. Cite: [2014] Nfld. & P.E.I.R. TBEd. JA.029

Her Majesty the Queen v. Jeanine Bungay

(2014 NLPC 0113A03522)

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

Newfoundland and Labrador Provincial Court

Orr, P.C.J.

January 27, 2014.

Summary:

The accused pleaded guilty to two counts of robbery and one count each of possession of a weapon for a dangerous purpose, having her face masked and breach of recognizance.

The Newfoundland and Labrador Provincial Court sentenced the accused to a total of 57 months' imprisonment, reduced by 80 days for pretrial custody. The court also imposed a firearms prohibition order and a DNA order.

Criminal Law - Topic 5846

Sentencing - Considerations on imposing sentence - Economic or family status of the accused - The 27 year old accused pleaded guilty to two counts of robbery and one count each of possession of a weapon for a dangerous purpose, having her face masked and breach of recognizance - On May 21, 2013, while pregnant with her second child, she entered a convenience store armed with a knife and demanded money - The clerk gave her $200 dollars - She was arrested and released on a recognizance - On December 6, 2013, she entered a different convenience store while disguised with a scarf - She demanded money - The clerk gave her $10 and pressed an alarm - The owners responded - The accused fled in her vehicle with her two children in the back seat - The police stopped and arrested her at gunpoint - Both robberies were committed to obtain drug money - Her children were now five years old and five months old - She had a common law partner - Intended to take counselling while incarcerated - Ten prior convictions, including break and enter in 2007 and theft and fraud in 2008 and 2009 - No convictions between 2009 and 2014 - The Newfoundland and Labrador Provincial Court stated that given the nature of the offences and fact that the second robbery was committed after being released for the first offence and while on a recognizance, the accused's drug addiction was at best a neutral factor - Her involving her children in the second robbery linked her family situation to the offence and the fact that she had lost access to the children could not be considered a mitigating factor - The court sentenced her to (1) 18 months' imprisonment for the first robbery; (2) three months concurrent for the possession of a weapon; (3) three years for the second robbery; (4) three months concurrent for having her face masked; and (5) three months consecutive for breach of the recognizance - The total sentence of 57 months' imprisonment was reduced by 80 days for pretrial custody - The court also imposed a firearms prohibition order and a DNA order.

Criminal Law - Topic 5846.4

Sentencing - Considerations on imposing sentence - Social consequences to accused (incl. from media coverage, public humiliation, damage to reputation, finances, etc.) - [See Criminal Law - Topic 5846 ].

Criminal Law - Topic 5846.7

Sentencing - Considerations on imposing sentence - Offence committed while accused on recognizance or bail - [See Criminal Law- Topic 5846 ].

Criminal Law - Topic 5849.16

Sentencing - Considerations on imposing sentence - Addicts - [See Criminal Law - Topic 5846 ].

Criminal Law - Topic 5855

Sentence - Robbery - [See Criminal Law - Topic 5846 ].

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons or ammunition - [See Criminal Law - Topic 5846 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order - Recognizance or undertaking - [See Criminal Law - Topic 5846 ].

Criminal Law - Topic 5935

Sentence - Disguise with intent - [See Criminal Law - Topic 5846 ].

Cases Noticed:

R. v. Strickland-Murphy (C.) (2012), 324 Nfld. & P.E.I.R. 36; 1007 A.P.R. 36 (N.L. Prov. Ct.), refd to. [para. 6].

R. v. Hutchings (R.) (2012), 316 Nfld. & P.E.I.R. 211; 982 A.P.R. 211; 2012 NLCA 2, appld. [para. 6].

R. v. Fleming (D.) (2013), 332 Nfld. & P.E.I.R. 195; 1030 A.P.R. 195 (N.L. Prov. Ct.), refd to. [para. 6].

R. v. Reid, [2009] N.J. No. 151 (Prov. Ct.), refd to. [para. 7].

R. v. Meadus; R. v. King; R. v. Hoffman (1986), 60 Nfld. & P.E.I.R. 64; 181 A.P.R. 64 (Nfld. C.A.), refd to. [para. 7].

R. v. Ryan (R.D.) (2013), 338 Nfld. & P.E.I.R. 293; 1049 A.P.R. 293 (N.L. Prov. Ct.), refd to. [para. 7].

R. v. Nasogaluak (L.M.), [2010] 1 S.C.R. 206; 398 N.R. 107; 474 A.R. 88; 479 W.A.C. 88; 2010 SCC 6, refd to. [para. 12].

R. v. Stapleton, [1984] N.J. No. 16 (C.A.), refd to. [para. 13].

R. v. D.D. (2002), 157 O.A.C. 323 (C.A.), refd to. [para. 14].

R. v. S.B., [2003] N.J. No. 148 (Prov. Ct.), refd to. [para. 17].

R. v. Horvath (B.A.) (1997) 152 Sask.R. 277; 140 W.A.C. 277; 117 C.C.C.(3d) 110 (C.A.), refd to. [para. 19].

R. v. Harris (1990), 105 N.B.R.(2d) 361; 264 A.P.R. 361 (T.D.), refd to. [para. 20].

R. v. J.B. (2013), 341 Nfld. & P.E.I.R. 329; 1061 A.P.R. 329 (N.L.C.A.), refd to. [para. 20].

R. v. Breen (1982), 37 Nfld. & P.E.I.R. 472; 104 A.P.R. 472 (Nfld. C.A.), refd to. [para. 22].

Authors and Works Noticed:

Manson, Allan, The Law of Sentencing (2001), p. 136 [para. 24].

Ruby, Clayton, Sentencing (7th Ed. 2008), p. 286 [para. 25].

Counsel:

Daniel J. Vavasour, for Her Majesty the Queen;

Randolph J. Piercey, Q.C., for the accused.

This matter was heard at St. John's, N.L., on January 22, 2014, by Orr, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on January 27, 2014.