R. v. Deniro (R.B.), (2015) 363 Nfld. & P.E.I.R. 74 (NLTD(G))

• Judge: Faour, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 17, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 363 Nfld. & P.E.I.R. 74 (NLTD(G))

R. v. Deniro (R.B.) (2015), 363 Nfld. & P.E.I.R. 74 (NLTD(G));

    1129 A.P.R. 74

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. AP.042

Her Majesty The Queen v. Rodney Blair Deniro

(201401G6315; 2015 NLTD(G) 55)

Indexed As: R. v. Deniro (R.B.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Faour, J.

April 29, 2015.

Summary:

The accused was charged with two counts of assault with a weapon, two counts of uttering threats, aggravated assault and resisting arrest. The complainant was his spouse. The accused applied for judicial interim release. In accordance with s. 525 of the Criminal Code, the Superintendent of Prisons also applied for a determination of whether the accused's continued detention was necessary.

The Newfoundland and Labrador Supreme Court, Trial Division (General), in a decision reported at (2014), 363 Nfld. & P.E.I.R. 62; 1129 A.P.R. 62, dismissed the applications. The accused pleaded guilty to one count each of assault with a weapon, aggravated assault and resisting arrest.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to 36 months' imprisonment for aggravated assault, 18 months concurrent for assault with a weapon, and 1 month consecutive for resisting arrest, less 15 months for time already served, and followed by three years' probation.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5831.9

Sentencing - Considerations on imposing sentence - Domestic violence - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5883

Sentence - Assault with a weapon or assault causing bodily harm - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5888

Sentence - Resisting or obstructing a peace officer - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5938

Sentence - Aggravated assault - While he was intoxicated, Deniro pinned his wife to the floor and held a large serrated knife to her throat - The wife cut her hand when she grabbed the blade - Deniro also threw his wife against a wall, struck her with a shoe, and grabbed her when she tried to leave the house - The wife succeeded in leaving the house - She sustained a broken jaw, multiple facial fractures, a large laceration on her chin, three broken fingers, and bruising on her face, chest and shoulders - When police arrived at the residence, Deniro became confrontational and refused to cooperate - He subsequently pled guilty to assault with a weapon, aggravated assault and resisting arrest - Deniro had an extensive criminal record which included crimes of violence and 62 breaches of court orders - The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced Deniro to 36 months' imprisonment for aggravated assault, 18 months concurrent for assault with a weapon, and 1 month consecutive for resisting arrest, less 15 months for time already served, and followed by three years' probation - Deniro breached the trust between he and his wife, and caused her lasting physical and psychological harm - His criminal record was a significant aggravating factor, although this was his first conviction for violence against a conjugal partner - Mitigating factors included the effort that he had made to deal with his addiction and mental health issues.

Cases Noticed:

R. v. Parker (W.) (2013), 342 Nfld. & P.E.I.R. 205; 1064 A.P.R. 205; 2013 CarswellNfld 365 (Prov. Ct.), dist. [para. 39].

R. v. Woodward (S.) (2011), 305 B.C.A.C. 238; 515 W.A.C. 238; 2011 BCCA 251, dist. [para. 39].

R. v. Ollenberger (R.) (1994), 149 A.R. 81; 63 W.A.C. 81; 1994 ABCA 72, refd to. [para. 39].

R. v. Dodd (B.) (1999), 180 Nfld. & P.E.I.R. 145; 548 A.P.R. 145; 1999 CarswellNfld 246 (C.A.), dist. [para. 39].

R. v. Mitchell (E.) (2005), 248 Nfld. & P.E.I.R. 248; 741 A.P.R. 248; 2005 NLTD 80, dist. [para. 39].

R. v. Buckle (R.C.) (2001), 199 Nfld. & P.E.I.R. 91; 600 A.P.R. 91; 2001 CarswellNfld 69 (T.D.), refd to. [para. 40].

R. v. S.J.G. (2013), 337 Nfld. & P.E.I.R. 324; 1047 A.P.R. 324; 2013 NLTD(G) 71, refd to. [para. 40].

R. v. Cox (M.T.) (2010), 300 Nfld. & P.E.I.R. 338; 927 A.P.R. 338; 2010 NLTD(G) 149, refd to. [para. 40].

R. v. J.R.K. (2010), 300 Nfld. & P.E.I.R. 274; 927 A.P.R. 274; 2010 NLTD(G) 125, consd. [para. 40].

R. v. Summers (S.) (2014), 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 54].

Counsel:

Ginger K. Holmes, for the Crown;

Richard L. Deveau, for the accused.

This matter was heard at St. John's, N.L. on February 17, 2015, before Faour, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following reasons for judgment on April 29, 2015.