R. v. Cumby (M.), (2015) 366 Nfld. & P.E.I.R. 24 (NLTD(G))

• Judge: Handrigan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: April 21, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 366 Nfld. & P.E.I.R. 24 (NLTD(G))

R. v. Cumby (M.) (2015), 366 Nfld. & P.E.I.R. 24 (NLTD(G));

    1144 A.P.R. 24

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. MY.012

Her Majesty the Queen v. Monica Cumby

(201006T0065; 2015 NLTD(G) 61)

Indexed As: R. v. Cumby (M.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Handrigan, J.

May 8, 2015.

Summary:

A Provincial Court judge imposed an 18 month conditional sentence order on Cumby on May 12, 2009, when he convicted her of three offences under the Controlled Drugs and Substances Act. On March 31, 2010, Cumby stole a child's over-the-counter medication and a packet of eye drops from a drug store. She pled guilty in the Provincial Court on April 14, 2010 to stealing those items. The Provincial Court judge terminated her conditional sentence order. Cumby appealed the termination of her conditional sentence order.

The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the appeal and ordered Cumby to submit herself to custody to serve the unexpired portion of the conditional sentence.

Criminal Law - Topic 5720.6

Punishments (sentence) - Conditional sentence - Breach (incl. "collapsing" of) - A Provincial Court judge imposed an 18 month conditional sentence order on Cumby on May 12, 2009, when he convicted her of three offences under the Controlled Drugs and Substances Act - Cumby had served almost 11 months of the 18 month conditional sentence, apparently without violating any of its conditions - On March 31, 2010, Cumby stole a child's over-the-counter medication and a packet of eye drops from a drug store - She pled guilty in the Provincial Court on April 14, 2010 to stealing those items - The Provincial Court judge terminated her conditional sentence order - Cumby appealed the termination of her conditional sentence order - She claimed that the trial judge erred in law when he terminated the order and imposed an unduly harsh penalty which was demonstrably unfit - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the appeal - Cumby failed to rebut the presumption that the conditional sentence order should be terminated - The trial judge may not have discussed the issues arising from Cumby's breach as fulsomely as he might have, but he did not err in law with the result he achieved.

Cases Noticed:

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 2000 SCC 5, refd to. [para. 8].

R. v. Langley (T.E.) (2005), 216 B.C.A.C. 311; 356 W.A.C. 311; 2005 BCCA 478, refd to. [para. 9].

R. v. J.W. (1997), 99 O.A.C. 161; 33 O.R.(3d) 225 (C.A.), refd to. [para. 10].

Furlong Estate v. Newfoundland Light & Power Co. (2005), 247 Nfld. & P.E.I.R. 65; 735 A.P.R. 65; 2005 NLCA 25, refd to. [para. 11].

Green v. Green (2005), 247 Nfld. & P.E.I.R. 82; 735 A.P.R. 82; 2005 NLCA 29, refd to. [para. 11].

R. v. Strickland (A.P.) (2010), 294 Nfld. & P.E.I.R. 190; 808 A.P.R. 190; 2010 NLTD 2, refd to. [para. 29].

Counsel:

Alison Manning, for the Crown;

Marcus A. Evans, Q.C., for the accused.

This appeal was heard on April 21, 2015, at Grand Bank, N.L., before Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment on May 8, 2015.