R. v. Crossley (D.B.), (1995) 145 N.S.R.(2d) 72 (CA)

• Judge: Hallett, Roscoe and Flinn, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: October 03, 1995
• Jurisdiction: Nova Scotia
• Citations: (1995), 145 N.S.R.(2d) 72 (CA)

R. v. Crossley (D.B.) (1995), 145 N.S.R.(2d) 72 (CA);

  418 A.P.R. 72

MLB headnote and full text

Darren Burton Crossley (appellant) v. Her Majesty The Queen (respondent)

(C.A.C. No. 115231)

Indexed As: R. v. Crossley (D.B.)

Nova Scotia Court of Appeal

Hallett, Roscoe and Flinn, JJ.A.

October 3, 1995.

Summary:

The accused was convicted of sexual assault and uttering threats. The victim was his common law wife. The trial judge sen­tenced the accused to 30 months' imprison­ment for sexual assault and three months' imprisonment (consecutive) for uttering threats. The accused appealed the sentences.

The Nova Scotia Court of Appeal dis­missed the appeal. The court held that the trial judge erred in ordering that the sentence be deemed to commence when the accused was remanded (four months before sentenc­ing). Section 721(1) of the Criminal Code provided that the sentence commenced when it was imposed.

Criminal Law - Topic 5656

Punishments (sentence) - Imprisonment and parole - Term of imprisonment - Commencement of - The Nova Scotia Court of Appeal stated that a trial judge erred in ordering that an accused's sentence be deemed to run from the date that the accused was remanded four months before sentencing - The order was contrary to s. 721(1) of the Criminal Code, which pro­vided that the sentence commenced when it was imposed.

Criminal Law - Topic 5895

Sentence - Threats - The accused lived with a 15 year old girl - One evening, after drinking and doing drugs, the accused grabbed the girl by the hair, dragged her upstairs, removed her clothes, held her down by the throat and forced intercourse on her - When the girl protested, the accused struck her - Additionally, the accused threatened to shoot her with a pellet gun and use a butcher knife on her while she slept - The girl suffered lasting psychological trauma - The trial judge sentenced the accused to 30 months' im­prisonment for sexual assault and three months' imprisonment (consecutive) for uttering threats - The Nova Scotia Court of Appeal dismissed the accused's sentence appeal - The trial judge properly empha­sized general deterrence in imposing a sentence which reflected society's denunci­ation of such a crime of violence.

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5895 ].

Cases Noticed:

R. v. Russell (R.S.) (1993), 118 N.S.R.(2d) 95; 327 A.P.R. 95 (C.A.), refd to. [para. 4].

R. v. Cormier (1974), 9 N.S.R.(2d) 687 (C.A.), refd to. [para. 6].

R. v. George (N.H.W.) (1994), 128 N.S.R.(2d) 248; 359 A.P.R. 248 (C.A.), refd to. [para. 8].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 721(1) [para. 8].

Counsel:

Joseph A. MacDonell, for the appellant;

Kenneth W.F. Fiske, Q.C., for the respon­dent.

This appeal was heard before Hallett, Roscoe and Flinn, JJ.A., of the Nova Scotia Court of Appeal.

On October 3, 1995, Roscoe, J.A., delivered the following judgment orally for the Court of Appeal.