R. v. Cameron (D.I.), (1995) 136 Nfld. & P.E.I.R. 105 (PEICA)

• Judge: Carruthers, C.J.P.E.I., Mitchell and McQuaid, JJ.A.
• Case Date: December 04, 1995
• Jurisdiction: Prince Edward Island
• Citations: (1995), 136 Nfld. & P.E.I.R. 105 (PEICA)

R. v. Cameron (D.I.) (1995), 136 Nfld. & P.E.I.R. 105 (PEICA);

    423 A.P.R. 105

MLB headnote and full text

Douglas Ian Cameron (appellant) v. Her Majesty The Queen (respondent)

(No. AD-0612)

Indexed As: R. v. Cameron (D.I.)

Prince Edward Island Supreme Court

Appeal Division

Carruthers, C.J.P.E.I., Mitchell and McQuaid, JJ.A.

December 4, 1995.

Summary:

An accused doctor was found guilty of having sexually assaulted three of his female patients.

The trial judge, in a decision not reported in this series of reports, sentenced the accused to a total sentence of 23 months' imprisonment and three years' probation. The accused appealed.

The Prince Edward Island Supreme Court, Appeal Division, allowed the appeal and reduced the sentence to 12 months' imprisonment and three years' probation.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sen­tences - Reduced total term - The Prince Edward Island Court of Appeal reviewed the law respecting the totality principle - See paragraphs 44 to 46 - The court stated that the "[t]he sentencing judge must ... ensure that a series of sentences, each properly imposed in relation to each offence, is, in total just and appropriate. ... the total sentence will offend the principle if it is substantially higher than the normal level of sentence imposed for the most serious of the individual offences. It will also offend the principle if it is a particu­larly severe sentence inconsistent with the accused's record and prospects for the future. It must also be kept in mind that when one applies the totality principle the end sentence must not result in a sentence which only encou­rages individuals to multiple their crimes and thus have the effect of defeating the deterrence aspect of sentencing." - See paragraph 46.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sen­tences - Reduced total term - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - The Prince Edward Island Court of Appeal reviewed the sentencing consider­ation of breach of trust in sexual assaults arising from a doctor-patient relationship - See paragraphs 12 to 34 - The court stated that "[t]hese cases do illustrate though that the courts do treat breach of trust situations in doctor-patient relation­ships as a very serious aggravating factor and that deterrence is the prime consider­ation on sentencing." - See paragraph 34.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - An accused doctor was found guilty of having sexually assaulted three of his female patients - The assaults occurred in the accused's office while he was conducting physical examinations - The trial judge sentenced the accused to a total sentence of 23 months' imprisonment and three years probation - The Prince Edward Island Court of Appeal concluded that the trial judge failed to give proper consideration to the totality of the sentence and reduced the sentence to 12 months' imprisonment - The court affirmed the probation order.

Criminal Law - Topic 6201

Sentencing - Appeals - Variation of sen­tence - Powers of appeal court - The Prince Edward Island Court of Appeal reviewed the power of the Court of Appeal to interfere with the discretion of a sen­tencing judge - See paragraph 11.

Cases Noticed:

R. v. Sandercock, [1986] 1 W.W.R. 291; 62 A.R. 382; 22 C.C.C.(3d) 79; 48 C.R.(3d) 154; 40 Alta. L.R.(2d) 265 (C.A.), refd to. [para. 6].

R. v. Gillis (V.R.) et al., [1994] 2 P.E.I.R. 23; 125 Nfld. & P.E.I.R. 341; 389 A.P.R. 341 (P.E.I.C.A.), consd. [para. 11].

Norberg v. Wynrib, [1992] 2 S.C.R. 226; 138 N.R. 81; 9 B.C.A.C. 1; 19 W.A.C. 1; 92 D.L.R.(4th) 449, consd. [para. 12].

R. v. Burke (1978), 16 Nfld. & P.E.I.R. 132; 42 A.P.R. 132 (P.E.I.C.A.), consd. [para. 14].

R. v. Mohan, [1994] 2 S.C.R. 9; 166 N.R. 245; 71 O.A.C. 241; 114 D.L.R.(4th) 419; 89 C.C.C.(3d) 402; 29 C.R.(4th) 243, consd. [para. 16].

R. v. Mohan, [1994] O.J. No. 1230 (C.A.), refd to. [para. 16].

R. v. Singh, [1992] O.J. No. 219 (C.A.), refd to. [para. 17].

R. v. Sears, [1992] O.J. No. 3059 (Gen. Div.), consd. [para. 18].

R. v. Vernacchia (No. 2) (1988), 11 Q.A.C. 175; 40 C.C.C.(3d) 561 (C.A.), consd. [para. 20].

R. v. Starzecki (B.) (1993), 88 Man.R.(2d) 234; 51 W.A.C. 234 (C.A.), consd. [para. 23].

R. v. Ryan (C.E.) (1993), 26 B.C.A.C. 43; 44 W.A.C. 43; 80 C.C.C.(3d) 514 (C.A.), consd. [para. 25].

R. v. Harmar, [1994] B.C.J. No. 332 (S.C.), consd. [para. 27].

R. v. Keizer (T.E.) (1994), 157 A.R. 257; 77 W.A.C. 257 (C.A.), refd to. [para. 30].

R. v. Kearney (W.J.) (1993), 138 N.B.R.(2d) 157; 354 A.P.R. 157 (C.A.), consd. [para. 31].

R. v. Jackson (P.) (1993), 132 N.B.R.(2d) 305; 337 A.P.R. 305 (Prov. Ct.), consd. [para. 32].

R. v. Walton (L.C.) (1995), 137 N.S.R.(2d) 354; 391 A.P.R. 354 (S.C.), consd. [para. 33].

R. v. Edwards, [1986] 2 P.E.I.R. A-1; 60 Nfld. & P.E.I.R. 36; 181 A.P.R. 36 (P.E.I.C.A.), consd. [para. 44].

R. v. Hingley (1977), 19 N.S.R.(2d) 541; 24 A.P.R. 541 (C.A.), refd to. [para. 44].

R. v. MacLean (1979), 32 N.S.R.(2d) 650; 54 A.P.R. 650; 49 C.C.C.(2d) 552 (C.A.), refd to. [para. 44].

Authors and Works Noticed:

Ruby, Clayton C., Sentencing (4th Ed. 1994), pp. 44, 45 [para. 45].

Counsel:

John K. Mitchell, for the appellant;

Darrell E. Coombs, for the respondent.

This application was heard on October 10, 1995, before Carruthers, C.J.P.E.I., Mitchell and McQuaid, JJ.A., of the Prince Edward Island Court of Appeal.

On December 4, 1995, Carruthers, C.J.P.E.I., delivered the following judgment for the Court of Appeal.