R. v. Churchill (J.), (2015) 373 Nfld. & P.E.I.R. 149 (NLTD(G))

• Judge: Halley, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: October 07, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 373 Nfld. & P.E.I.R. 149 (NLTD(G))

R. v. Churchill (J.) (2015), 373 Nfld. & P.E.I.R. 149 (NLTD(G));

    1161 A.P.R. 149

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. OC.030

Her Majesty the Queen v. Jason Churchill

(201501G0897; 2015 NLTD(G) 144)

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

Newfoundland and Labrador Supreme Court

Trial Division (General)

Halley, J.

October 22, 2015.

Summary:

Churchill smashed a beer bottle into the right eye of Barry, his then spouse. The bottle shattered. Barry suffered a severe injury to her eye. Churchill was convicted of aggravated assault.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced Churchill to 22 months in jail in addition to the 17 days of remand time, which would be followed by probation for three years. The court also imposed a DNA order, a 10 year firearms prohibition order and a $200 victim fine surcharge.

Criminal Law - Topic 5831.9

Sentencing - Considerations on imposing sentence - Domestic violence - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5938

Sentence - Aggravated assault - Churchill and Barry were married - They had been drinking - They began arguing - During the argument, without warning, Churchill smashed a beer bottle into the right eye of Barry - The bottle shattered - Barry suffered a severe injury to her eye - She was unable to see out of her right eye and was awaiting a cornea transplant operation - It was possible that she might never see properly out of that eye - Churchill was convicted of aggravated assault - 41 years of age - No prior criminal record - Employed as a heavy equipment operator - He had not expressed remorse or taken responsibility for his actions - The Newfoundland and Labrador Supreme Court, Trial Division, sentenced Churchill to 22 months in jail in addition to the 17 days of remand time, which would be followed by probation for three years - The court also imposed a DNA order, a 10 year firearms prohibition order and a $200 victim fine surcharge.

Cases Noticed:

R. v. Buckle (R.C.) (2001), 199 Nfld. & P.E.I.R. 91; 600 A.P.R. 91 (T.D.), refd to. [para. 14].

R. v. Clarke (T.J.) (2004), 257 Nfld. & P.E.I.R. 316; 776 A.P.R. 316; 2006 NLTD 72, refd to. [para. 14].

R. v. Tapper (G.) (2005), 243 Nfld. & P.E.I.R. 339; 721 A.P.R. 339; 2005 NLTD 19, refd to. [para. 14].

R. v. Cormier (G.) (2005), 245 Nfld. & P.E.I.R. 271; 730 A.P.R. 271; 2005 NLTD 35, refd to. [para. 14].

R. v. Thorley (M.A.) (2006), 258 Nfld. & P.E.I.R. 74; 779 A.P.R. 742; 006 NLTD 92, refd to. [para. 14].

R. v. J.R.K. (2010), 300 Nfld. & P.E.I.R. 274; 927 A.P.R. 274; 2010 NLTD(G) 125, refd to. [para. 14].

Counsel:

Ginger K. Holmes, for the Crown;

Stephen P. Orr, for the accused.

This matter was heard on October 7, 2015, at St. John's, N.L., before Halley, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following decision on October 22, 2015.