R. v. Cloud (J.C.) and Cloud (R.), (1990) 104 N.B.R.(2d) 300 (TD)

• Judge: Riordon, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 05, 1990
• Jurisdiction: New Brunswick
• Citations: (1990), 104 N.B.R.(2d) 300 (TD)

R. v. Cloud (J.C.) (1990), 104 N.B.R.(2d) 300 (TD);

    104 R.N.-B.(2e) 300; 261 A.P.R. 300

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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R. v. John C. Cloud and Raymond Cloud

Indexed As: R. v. Cloud (J.C.) and Cloud (R.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Newcastle

Riordon, J.

March 5, 1990.

Summary:

The accused Indian father and son assaulted another man with a sword in the context of a family feud. They were convicted of aggravated assault.

The New Brunswick Court of Queen's Bench, Trial Division, sentenced the father to 42 months' imprisonment plus 18 months' probation and his son to 30 months' imprisonment plus two years' probation.

See also 104 N.B.R.(2d) 294; 261 A.P.R. 294.

Criminal Law - Topic 5830

Sentencing - Considerations - General - The New Brunswick Court of Queen's Bench, Trial Division, set out the considerations on sentencing - See paragraph 5.

Criminal Law - Topic 5938

Sentence - Aggravated assault - 44 year old alcoholic Indian man with long criminal record attacked another man with a sword, severely cutting him, in the context of an ongoing family feud - Tendency to violence - Improvement in past two years - The New Brunswick Court of Queen's Bench, Trial Division, sentenced the accused to 42 months' imprisonment plus 18 months' probation - See paragraphs 23 to 32.

Criminal Law - Topic 5938

Sentence - Aggravated assault - 21 year old alcoholic Indian man with a record of several criminal offences assaulted another man with a sword, severely cutting him, in the context of an on-going family feud - Uncooperative with past rehabilitation efforts - The New Brunswick Court of Queen's Bench, Trial Division, sentenced the accused to 30 months' imprisonment plus two years' probation - See paragraphs 33 to 43.

Cases Noticed:

R. v. Littletent (1985), 17 C.C.C.(3d) 520, consd. [para. 16].

R. v. Atkin (1988), 27 O.A.C. 235, consd. [para. 17].

R. v. Opsitnik (1986), 13 O.A.C. 50, consd. [para. 18].

R. v. Rose (1974), 9 N.S.R.(2d) 432, consd. [para. 20].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 268(1) [para. 1].

Counsel:

Fred Ferguson, for the Crown;

Norville Getty, for John C. Cloud and Raymond Cloud.

This case was heard at Newcastle, New Brunswick before Riordon, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Newcastle, who delivered the following judgment on March 5, 1990.