R. v. Crocker (D.L.), (2015) 372 Nfld. & P.E.I.R. 70 (NLPC)

JudgeLinehan, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateAugust 20, 2015
JurisdictionNewfoundland and Labrador
Citations(2015), 372 Nfld. & P.E.I.R. 70 (NLPC)

R. v. Crocker (D.L.) (2015), 372 Nfld. & P.E.I.R. 70 (NLPC);

    1158 A.P.R. 70

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. SE.003

Her Majesty the Queen v. Dustin Lee Crocker

(Docket: 0115A01286)

Indexed As: R. v. Crocker (D.L.)

Newfoundland and Labrador Provincial Court

Linehan, P.C.J.

August 24, 2015.

Summary:

The accused took his young daughter to a birthday party at a local business. Other birthday parties were in progress. The accused stole a number of another child's birthday cards that were in a cubicle. There was approximately $250 in the cards. The accused pled guilty to theft.

The Newfoundland and Labrador Provincial Court entered a conviction, suspended the passing of sentence and placed the accused on probation for one year.

Criminal Law - Topic 4430

Procedure - Verdicts - Discharges and dismissals - Absolute or unconditional discharge in lieu of conviction - The accused took his young daughter to a birthday party at a local business - Other birthday parties were in progress - The accused stole a number of another child's birthday cards that were in a cubicle - There was approximately $250 in the cards - The accused pled guilty to theft - The Newfoundland and Labrador Provincial Court entered a conviction, suspended the passing of sentence and placed the accused on probation for one year - Neither a conditional nor absolute discharge was appropriate - The victim was a child and the impact on him was not insignificant - However, given the relative degree of seriousness of the facts and the accused's degree of responsibility, less emphasis was given to deterrence and denunciation - The accused pled guilty early in the proceedings, apologized to the family and paid the money back - While the accused suffered from a major depression, that did not remove the responsibility he had to take for his actions - The theft was not planned, but was an exercise in very poor judgment - While distasteful, the accused's actions were in the lower range for such offences and did not require a period of custody.

Criminal Law - Topic 4431

Procedure - Verdicts - Discharges and dismissals - Conditional discharge in lieu of conviction - [See Criminal Law - Topic 4430 ].

Criminal Law - Topic 5704

Punishments (sentence) - Suspended sentence - Circumstances when appropriate - [See Criminal Law - Topic 4430 ].

Criminal Law - Topic 5830.4

Sentencing - Considerations on imposing sentence - Guilty plea - [See Criminal Law - Topic 4430 ].

Criminal Law - Topic 5834.7

Sentencing - Considerations - Mental illness or disorder - [See Criminal Law - Topic 4430 ].

Criminal Law - Topic 5854

Sentence - Theft - [See Criminal Law - Topic 4430 ].

Cases Noticed:

R. v. Stevenson (B.L.) (2012), 325 Nfld. & P.E.I.R. 144; 1009 A.P.R. 144 (N.L. Prov. Ct.), refd to. [para. 15].

R. v. Edmunds (M.) (2012), 322 Nfld. & P.E.I.R. 337; 1000 A.P.R. 337 (N.L.C.A.), refd to. [para. 15].

R. v. Roberts (F.B.) (2013), 338 Nfld. & P.E.I.R. 116; 1049 A.P.R. 116 (N.L. Prov. Ct.), refd to. [para. 15].

R. v. Ismail (S.) (1996), 139 Nfld. & P.E.I.R. 193; 433 A.P.R. 193 (N.L.T.D.), refd to. [para. 15].

R. v. Fleming (K.) (2014), 356 Nfld. & P.E.I.R. 236; 1108 A.P.R. 236 (N.L. Prov. Ct.), refd to. [para. 15].

R. v. J.B. (2013), 341 Nfld. & P.E.I.R. 329; 1061 A.P.R. 329; 2013 CarswellNfld 378 (N.L.C.A.), refd to. [para. 19].

Counsel:

Dana Sullivan, for Her Majesty the Queen;

Steven Marshall, Q.C., for the accused.

This matter was heard at St. John's, N.L., on August 20, 2015, by Linehan, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision on August 24, 2015.

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