R. v. Crocker (A.), (2015) 377 Nfld. & P.E.I.R. 157 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: December 15, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 377 Nfld. & P.E.I.R. 157 (NLPC);2015 NLPC 1313

R. v. Crocker (A.) (2015), 377 Nfld. & P.E.I.R. 157 (NLPC);

    1173 A.P.R. 157

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. DE.065

Her Majesty the Queen v. Amanda Crocker

(2015 NLPC 1313A00474)

Indexed As: R. v. Crocker (A.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

December 30, 2015.

Summary:

Crocker was charged with theft of a bottle of vodka from a convenience store.

The Newfoundland and Labrador Provincial Court, in a decision reported at (2015), 370 Nfld. & P.E.I.R. 348; 1153 A.P.R. 348, found Crocker guilty of the charge.

The Newfoundland and Labrador Provincial Court imposed a period of 30 days' conditional imprisonment followed by 12 months of probation.

Criminal Law - Topic 4431

Procedure - Verdicts - Discharges and dismissals - Conditional discharge in lieu of conviction - [See Criminal Law - Topic 5854 ].

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5854 ].

Criminal Law - Topic 5846.4

Sentencing - Considerations on imposing sentence - Social consequences to accused (incl. from media coverage, public humiliation, damage to reputation, finances, etc.) - Crocker was found guilty of theft of a bottle of vodka from a convenience store - Crocker's counsel argued that a consideration of the publicity which Crocker had endured as a result of the conviction should cause the court to conclude that the sentencing principle of specific deterrence had been satisfied - Counsel referred to the coverage of Crocker's trial in the Western Star and the showing of the store's video on You Tube, where it received 428 views - The Newfoundland and Labrador Provincial Court stated that "Publicity of criminal acts is an inherent feature of the criminal law process. ... Those convicted of crimes must expect that there may be media coverage because the 'open court principle is of crucial importance in a democratic society. It ensures that citizens have access to the courts and can, as a result, comment on how courts operate and on proceedings that take place in them' ... Publicity of criminal acts may have reached new levels as a result of social media, but this is simply a matter of new technology rather than a change in reality. I do not see the publicity or social media content as mitigating factors in this case" - See paragraphs 27 to 30.

Criminal Law - Topic 5854

Sentence - Theft - Crocker was found guilty of theft of a bottle of vodka from a convenience store - The Crown sought the imposition of a period of 14 to 30 days' incarceration - Crocker sought the imposition of a conditional discharge or in the alternative a conditional period of imprisonment - Crocker was 41 years of age - She had 29 previous convictions extending over the time period of 1990 to 2003 - Her record consisted primarily of thefts and breaches of probation - She had not been convicted of an offence since 2003 - The Newfoundland and Labrador Provincial Court held that although a discharge might not be appropriate, a period of incarceration was equally inappropriate - The court held that a period of imprisonment was required, but Crocker did not constitute a danger to the public and a conditional sentence would not be contrary to the principles of sentencing set out in the Criminal Code - The court imposed a period of 30 days' conditional imprisonment followed by 12 months of probation.

Counsel:

L. St. Croix, for Her Majesty the Queen;

J. MacDonald, for Ms. Crocker.

This matter was heard on December 15, 2015, at Corner Brook, N.L., before Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on December 30, 2015.