R. v. Cooper (G.), (1996) 140 Nfld. & P.E.I.R. 137 (NFTD)

• Judge: Easton, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: April 19, 1996
• Jurisdiction: Newfoundland and Labrador
• Citations: (1996), 140 Nfld. & P.E.I.R. 137 (NFTD)

R. v. Cooper (G.) (1996), 140 Nfld. & P.E.I.R. 137 (NFTD);

    438 A.P.R. 137

MLB headnote and full text

Her Majesty The Queen v. Garry Cooper

(1994 No. G-44)

Indexed As: R. v. Cooper (G.)

Newfoundland Supreme Court

Trial Division

Easton, J.

April 19, 1996.

Summary:

An accused pleaded guilty to attempted murder and assault causing bodily harm.

The Newfoundland Supreme Court, Trial Division, sentenced the accused to four years' imprisonment for attempted murder and one year concurrent for assault causing bodily harm. The court also imposed a 10 year firearms prohibition.

Criminal Law - Topic 5832.1

Sentencing - Considerations on imposing sentence - Integrity of administration of justice - The Newfoundland Supreme Court, Trial Division, stated that "I am mindful of the necessity of trying to fashion sentences that do not undermine the public's confidence in the administra­tion of justice. This is an extremely diffi­cult aim and an extremely difficult result to achieve. While we have to continue to be mindful of the necessity of public con­fidence, nevertheless, at the same time we must be careful not to react to the rather small but sometimes quite vocal group in society who feel that retribution is the sole function of sentencing. These persons clamour for ever increasing penalties even though sometimes statistically it has been shown that increasing the penalties or imposing longer periods of incarceration are counter-productive." - See paragraph 26.

Criminal Law - Topic 5881

Sentence - Attempted murder - A 43 year old accused teacher pleaded guilty to assaulting his estranged wife and causing her bodily harm and the attempted murder of Tilley - Tilley and the wife were hav­ing a relationship - They went to her formal matrimonial home - The accused arrived and attacked them with a bat - Believing that they were dead, the accused called the police and an ambulance and waited for his arrest - Remorseful - The wife's scalp required sutures - Tilley was comatose for a number of months - Has the mental level of a two year old - Will not recover - Requires constant care - Reduced life expectancy - The Newfoundland Supreme Court, Trial Divi­sion, concluded that an appropriate sen­tence for the attempted murder was seven years' imprisonment minus three years for the 18 months in remand for a total of four years and one year concurrent for the assault.

Criminal Law - Topic 5883

Sentence - Assault causing bodily harm - [See Criminal Law - Topic 5881 ].

Cases Noticed:

R. v. Cope (1987), 59 Sask.R. 161 (C.A.), consd. [para. 24].

R. v. Oliver, [1977] 5 W.W.R. 344 (B.C.C.A.), consd. [para. 27].

R. v. Stedingh (1983), 57 N.S.R.(2d) 272; 120 A.P.R. 272 (C.A.), consd. [para. 30].

R. v. Do (1987), 57 Sask.R. 315 (C.A.), consd. [para. 32].

R. v. Gould (1990), 96 N.S.R.(2d) 123; 253 A.P.R. 123 (C.A.), consd. [para. 34].

R. v. Shannon (1991), 4 B.C.A.C. 99; 9 W.A.C. 99 (C.A.), consd. [para. 35].

R. v. Stringer (H.T.) (1992), 96 Nfld. & P.E.I.R. 30; 305 A.P.R. 30 (Nfld. C.A.), consd. [para. 37].

R. v. Weldegergis (1992), 100 Sask.R. 264; 18 W.A.C. 264 (C.A.), consd. [para. 38].

R. v. Wessell (R.G.) (1994), 129 N.S.R.(2d) 157; 362 A.P.R. 157 (C.A.), consd. [para. 39].

R. v. Frizzell (W.G.) (1992), 58 O.A.C. 75 (C.A.), consd. [para. 40].

R. v. Ollenberger (R.) (1994), 149 A.R. 81; 63 W.A.C. 81; 29 C.R.(4th) 166 (C.A.), consd. [para. 46].

R. v. Mellstrom (1975), 22 C.C.C.(2d) 472 (Alta. C.A.), consd. [para. 73].

R. v. Rance (1972), 14 Crim. L.Q. 393 (Co. Ct.), consd. [para. 74].

R. v. Lai (1988), 69 Nfld. & P.E.I.R. 297; 211 A.P.R. 297 (Nfld. C.A.), refd to. [para. 79].

Counsel:

Edward Cardwell, for the Crown;

John Duggan, for the accused.

This case was heard on April 16, 17 and 18, 1996, before Easton, J., of the Newfoundland Supreme Court, Trial Divi­sion, who delivered the following decision orally on April 19, 1996.