R. v. Butler, (1980) 26 Nfld. & P.E.I.R. 6 (NFPC)

• Judge: Trahey, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: February 08, 1980
• Jurisdiction: Newfoundland and Labrador
• Citations: (1980), 26 Nfld. & P.E.I.R. 6 (NFPC)

R. v. Butler (1980), 26 Nfld. & P.E.I.R. 6 (NFPC);

    72 A.P.R. 6

MLB headnote and full text

R. v. Butler

Indexed As: R. v. Butler

Newfoundland Provincial Court

Trahey, P.C.J.

February 8, 1980.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5830

Sentencing - Considerations on imposing sentence - General - The Newfoundland Provincial Court held that the principles of sentencing were deterrence, protection of the public, rehabilitation and punishment - See paragraph 3.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - The Newfoundland Provincial Court held that deterrence should be the paramount consideration in a sentence for trafficking in narcotics - The Provincial Court held that deterrence should be equated to incarceration unless exceptional circumstances exist - See paragraph 3.

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences - The Newfoundland Provincial Court held that a criminal record should be used to determine the character of the accused, but should not be used to punish him more severely for his present offence, because the result would be a double punishment for one crime - See paragraphs 6 to 10.

Criminal Law - Topic 5853

Sentence - Trafficking in a narcotic - Two dimes of marihuana - Accused in early 20's - Criminal record - The Newfoundland Provincial Court sentenced the accused to 5 months imprisonment plus 2 years probation - See paragraph 21.

Cases Noticed:

R. v. Wilson, [1944] 3 D.L.R. 671, consd. [para. 9].

R. v. Lass (1949), 8 C.R. 467, consd. [para. 10].

Statutes Noticed:

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 4(1) [para. 1].

Authors and Works Noticed:

Ruby on Sentencing, pp. 88 [para. 9]; 89 [para. 10].

Counsel:

David Day, for the Crown;

Thomas Eagan, for the accused.

This case was heard by TRAHEY, P.C.J., of the Newfoundland Provincial Court.

On February 8, 1980, TRAHEY, P.C.J., delivered the following judgment: