R. v. Crewe (R.J.), (2000) 185 N.S.R.(2d) 139 (ProvCt)

JudgeC.F. MacDonald., P.C.J.
CourtProvincial Court of Nova Scotia (Canada)
Case DateApril 05, 2000
JurisdictionNova Scotia
Citations(2000), 185 N.S.R.(2d) 139 (ProvCt)

R. v. Crewe (R.J.) (2000), 185 N.S.R.(2d) 139 (ProvCt);

 575 A.P.R. 139

MLB headnote and full text

Temp. Cite: [2000] N.S.R.(2d) TBEd. JN.008

Her Majesty the Queen (informant) v. Raymond Joseph Crewe

(accused)

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

Nova Scotia Provincial Court

C.F. MacDonald., P.C.J.

April 5, 2000.

Summary:

The accused was found guilty of contempt of court because he refused to be sworn in and testify as a witness in a case involving another individual.

The Nova Scotia Provincial Court sen­tenced the accused to 90 days, to be served on an intermittent basis with recommenda­tions attached.

Contempt - Topic 3329

Punishment - Sentence - Criminal con­tempt - [See Criminal Law - Topic 5928 ].

Criminal Law - Topic 5928

Sentence - Contempt - A 30 year old accused was found guilty of contempt of court because he refused to be sworn in and testify as a witness in another individ­ual's trial - He told the court that it was none of his (the accused's) business - He had an extensive record - He completed his grade 12 G.E.D.'s and a welding program at a community college - He was employed as a welder, working revolving shifts at a plant - A presentence report indicated that he was fearful to testify - The Nova Scotia Provincial Court sen­tenced the accused to 90 days, to be served on an intermittent basis with recom­menda­tions attached - The accused's actions were an intentional ob­struction of court proceed­ings - It was very important to preserve the order and protect the court's authority.

Cases Noticed:

R. v. D.B.T. (1996), 147 N.S.R.(2d) 308; 426 A.P.R. 308 (C.A.), refd to. [para. 4].

R. v. Lamer (1973), 17 C.C.C.(2d) 410 (Que. C.A.), refd to. [para. 7].

R. v. Cohn (1984), 4 O.A.C. 293 (C.A.), refd to. [para. 7].

R. v. Fields (1986), 16 O.A.C. 286 (C.A.), refd to. [para. 7].

R. v. Moore (1986), 30 C.C.C.(3d) 328 (N.W.T. Terr. Ct.), refd to. [para. 7].

Counsel:

Peter Rosinski, for the Crown;

Raymond Joseph Crewe, on his own behalf.

This sentencing was heard at New Glasgow, Nova Scotia, on April 5, 2000, by C. F. MacDonald, P.C.J., of the Nova Scotia Provincial Court, who delivered the follow­ing oral decision on the same date.

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