R. v. E.C.S., (2010) 298 Nfld. & P.E.I.R. 47 (NLTD)

JudgeHandrigan, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateMarch 22, 2010
JurisdictionNewfoundland and Labrador
Citations(2010), 298 Nfld. & P.E.I.R. 47 (NLTD)

R. v. E.C.S. (2010), 298 Nfld. & P.E.I.R. 47 (NLTD);

    921 A.P.R. 47

MLB headnote and full text

Temp. Cite: [2010] Nfld. & P.E.I.R. TBEd. MY.011

Her Majesty the Queen v. E.C.S.

(200906T0158; 2010 NLTD 59)

Indexed As: R. v. E.C.S.

Newfoundland and Labrador Supreme Court

Trial Division

Handrigan, J.

March 22, 2010.

Summary:

The accused pled guilty to breaking into a dwelling house and committing mischief while inside the property.

The Newfoundland and Labrador Supreme Court, Trial Division, sentenced the accused to three years' imprisonment, consecutive to any period of incarceration that he was presently serving.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5849.23 ].

Criminal Law - Topic 5835

Sentencing - Considerations on imposing sentence - Protection of the public - [See Criminal Law - Topic 5849.23 ].

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5849.23 ].

Criminal Law - Topic 5849.23

Sentencing - Considerations on imposing sentence - Home invasion - The accused, aged 25, pled guilty to breaking into a dwelling house and committing mischief - He kicked in the door, overturned and damaged furniture, threw the refrigerator's contents on the kitchen floor and broke several panes of glass from windows - He had a lengthy criminal record, including some 60 prior convictions, going back to when he was 14 years old - Before admitting the offence, he first tried to blame someone else - The Newfoundland and Labrador Supreme Court, Trial Division, sentenced the accused to three years' imprisonment, consecutive to any period of incarceration that he was presently serving - Protection of the public, denunciation and deterrence (general and specific) were the most important sentencing principles in this case.

Criminal Law - Topic 5851

Sentence - Break and enter - [See Criminal Law - Topic 5849.23 ].

Criminal Law - Topic 5890

Sentence - Mischief (includes vandalism) - [See Criminal Law - Topic 5849.23 ].

Cases Noticed:

R. v. Lea (J.R.) (2005), 248 Nfld. & P.E.I.R. 1; 741 A.P.R. 1; 2005 CarswellPEI 47; 2005 PESCAD 15, refd to. [para. 7, footnote 7].

R. v. Benjamin (1987), 80 N.S.R.(2d) 288; 200 A.P.R. 288; 1987 CarswellNS 137, refd to. [para. 8, footnote 5].

R. v. Butler, 1985 CarswellNfld 193 (C.A.), refd to. [para. 8, footnote 5].

R. v. Peddle, 2005 CanLII 41529 (N.L.P.C.) refd to. [para. 22, footnote 13].

Counsel:

Alison J. Manning, for the Crown;

Catherine Boyd, for the accused.

This sentencing matter was heard by Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division, who delivered the following decision on March 22, 2010.

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