R. v. Drodge (P.J.), (2015) 360 Nfld. & P.E.I.R. 262 (NLPC)

• Judge: Porter, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: November 18, 2014
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 360 Nfld. & P.E.I.R. 262 (NLPC)

R. v. Drodge (P.J.) (2015), 360 Nfld. & P.E.I.R. 262 (NLPC);

    1118 A.P.R. 262

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. FE.001

Her Majesty the Queen v. Philip John Drodge

(Docket: 0614A00100, 0614A00115, 0814A00125, 0614A00129, 0614A00133)

Indexed As: R. v. Drodge (P.J.)

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

February 4, 2015.

Summary:

The accused was convicted of assault, uttering threats, unlawful confinement, causing a disturbance, assaulting a peace officer and three breaches of undertakings.

The Newfoundland and Labrador Provincial Court sentenced the accused to a total of 630 days' imprisonment, which was reduced by 320 days for credit on a 1.5:1 basis for time served on remand, leaving a sentence to be served of 310 days. The sentence was to be followed by three years of supervised probation. The court made ancillary orders including a DNA order, a 10 year firearms and weapons prohibition and victim surcharges totalling $1,000.

Editor's Note: For the decision finding the accused guilty of assault and unlawful confinement, see (2014), 360 Nfld. & P.E.I.R. 262; 1118 A.P.R. 262.

Criminal Law - Topic 5627

Punishments (sentence) - Fines, penalties and compensation orders - Victim fine surcharge - The accused was convicted of a number of offences - In sentencing the accused, the Newfoundland and Labrador Provincial Court stated, "Section 737 of the Criminal Code mandates victim surcharges of $100 each for matters which were prosecuted summarily. There are 10 offences here, and accordingly an order for victim surcharges of a total of $1,000 must issue. The Victim Surcharge Order, (O.C. 99-611), provides that where a court does not impose a fine for an offence, a victim surcharge arising under the Criminal Code shall be paid within 30 days of the date of conviction or discharge of the offence. The court has no authority to reduce the amount of the surcharges, or to extend the time within which the surcharges must be paid." - See paragraph 34.

Criminal Law - Topic 5728

Punishments (sentence) - Probation or probation order - When required - The accused was convicted of a number of offences - In sentencing the accused, the Newfoundland and Labrador Provincial Court stated, "The accused said, during the s. 726 allocution, that he attributes much of his offensive behavior to his mental illness. He was diagnosed as being bi-polar. There is no direct evidence of any nexus between his mental illness and the commission of these offences. However, once the accused has been released from custody, there should be a probation order, to encourage his continued good behavior, and to keep him away from the complainant, who has advised the Crown that she wants nothing to do with the accused. ... On his release from custody, the accused will be subject to supervised probation for three years." - See paragraphs 32 and 33.

Criminal Law - Topic 5799

Punishments (sentence) - Prohibition orders - Respecting firearms, etc. - The accused was convicted of a number of offences - In sentencing the accused, the Newfoundland and Labrador Provincial Court stated, "The accused at Bar has repeatedly demonstrated a tendency of violent behaviour, as evidenced with his threatening his common law spouse, threatening and fighting with the sheriff's officer, fighting with the police on the lawn in Clarenville, and in assaulting Cpl. Gale in the Marystown cell block. Section 110 of the Criminal Code provides for a discretionary power for the sentencing court as to whether an order should issue prohibiting the accused from the possession of firearms and other weapons. This is a clear case where the court should make such an order. Accordingly, a firearms and weapons prohibition order is made for ten (10) years following the release of the accused from custody." - See paragraph 31.

Criminal Law - Topic 5831.9

Sentencing - Considerations on imposing sentence - Domestic violence - [See Criminal Law - Topic 5895 ].

Criminal Law - Topic 5868

Sentence - Forcible confinement or seizure - The accused was convicted of, inter alia, unlawful confinement - The complainant was the accused's common law spouse - The Newfoundland and Labrador Provincial Court sentenced the accused to 150 days' imprisonment - See paragraphs 13 to 15.

Criminal Law - Topic 5888

Sentence - Resisting or obstructing a peace officer - The accused was convicted of, inter alia, two counts of obstruction of a peace officer - Both incidents involved grappling with an officer - The Newfoundland and Labrador Provincial Court stated, "Given the circumstances in the commission of these breaches, the first having been committed in open court, and the second having been committed while the accused was at large on judicial interim release, a sentence of 60 days for each offence is appropriate." - See paragraphs 16 and 17.

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - While he was at large on an undertaking, the accused breached his bail conditions three times - These included two breaches of an undertaking not to have contact with his common law spouse and one breach of an undertaking to keep the peace by assaulting a peace officer in the RCMP cell block - The Newfoundland and Labrador Provincial Court sentenced the accused to three months' imprisonment for each of the breaches - See paragraphs 9 to 12.

Criminal Law - Topic 5894

Sentence - Assaulting a police officer or peace officer - The accused was convicted of, inter alia, assaulting a police officer - The assault was committed in the RCMP cell block and left the officer with bruises on her arm - The Newfoundland and Labrador Provincial Court sentenced the accused to 90 days' imprisonment - See paragraphs 18 to 21.

Criminal Law - Topic 5895

Sentence - Threats - The accused was convicted of, inter alia, uttering threats - The complainants were the accused's common law spouse and a sheriff's officer - The Newfoundland and Labrador Provincial Court sentenced the accused to 60 days' imprisonment for threatening to kill his spouse and 60 days for threatening to kill the sheriff's officer - The relationship between the accused and his common law spouse was an aggravating factor - The accused had previously been convicted of assaulting and threatening her - See paragraphs 4 to 8.

Criminal Law - Topic 5912

Sentence - Causing public disturbance - The accused was convicted of, inter alia, causing a disturbance - The accused disturbed court proceedings by shouting and swearing while he tore up his appearance notice - The Newfoundland and Labrador Provincial Court sentenced the accused to 90 days' imprisonment, concurrent to his other sentences - See paragraphs 22 to 25.

Cases Noticed:

R. v. Crocker (1991), 93 Nfld. & P.E.I.R. 222; 292 A.P.R. 222; 1991 CanLII 2737 (Nfld. C.A.), refd to. [para. 4].

R. v. Hare (P.N.) (2014), 352 Nfld. & P.E.I.R. 204; 1097 A.P.R. 204 (N.L. Prov. Ct.), refd to. [para. 5].

R. v. Newhook (A.C.) (2008), 276 Nfld. & P.E.I.R. 190; 846 A.P.R. 190; 2008 NLCA 28, refd to. [para. 11].

R. v. Tulk (K.W.S.) (2014), 346 Nfld. & P.E.I.R. 269; 1078 A.P.R. 26 (N.L.T.D.(G)), refd to. [para. 13].

R. v. Power (S.) (2008), 273 Nfld. & P.E.I.R. 261; 833 A.P.R. 261 (N.L.T.D.), refd to. [para. 14].

R. v. Antle (A.) (2013), 332 Nfld. & P.E.I.R. 228; 1030 A.P.R. 228; 2013 CanLII 29 (N.L. Prov. Ct.), refd to. [para. 14].

R. v. Rowe (J.) (1994), 126 Nfld. & P.E.I.R. 301; 393 A.P.R. 301 (Nfld. T.D.), refd to. [para. 14].

R. v. MacDonald (K.R.) (2007), 267 Nfld. & P.E.I.R. 41; 811 A.P.R. 41 (N.L.T.D.), refd to. [para. 14].

R. v. J.R.K. (2010), 300 Nfld. & P.E.I.R. 274; 927 A.P.R. 274; 2010 NLTD(G) 125, refd to. [para. 14].

R. v. Gould (P.) (2014), 349 Nfld. & P.E.I.R. 49; 1085 A.P.R. 49 (N.L. Prov. Ct.), refd to. [para. 16].

R. v. W.L.(M.)S. (2014), 354 Nfld. & P.E.I.R. 193; 1102 A.P.R. 193 (N.L. Prov. Ct.), refd to. [para. 16].

R. v. Frampton (M.C.) (2014), 346 Nfld. & P.E.I.R. 38; 1078 A.P.R. 38 (N.L. Prov. Ct.), refd to. [para. 16].

R. v. K.C. (2014), 350 Nfld. & P.E.I.R. 106; 1088 A.P.R. 106 (N.L. Prov. Ct.), refd to. [para. 16].

R. v. Tilley (A.E.), [2012] Nfld. & P.E.I.R. Uned. 73 (N.L. Prov. Ct.), refd to. [para. 16].

R. v. Norman, [2011] N.J. No. 214 (Prov. Ct.), refd to. [para. 19].

R. v. Lavallee (R.) (2011), 312 Nfld. & P.E.I.R. 106; 971 A.P.R. 106 (N.L. Prov. Ct.), refd to. [para. 20].

R. v. Smith, [2009] N.J. No. 292 (Prov. Ct.), refd to. [para. 20].

R. v. Gardner (K.B.) (2011), 311 Nfld. & P.E.I.R. 308; 967 A.P.R. 308 (N.L. Prov. Ct.), refd to. [para. 20].

R. v. Payne (J.D.) (2011) 310 Nfld. & P.E.I.R. 288; 963 A.P.R. 288 (N.L. Prov. Ct.), refd to. [para. 20].

R. v. Hodder, [2005] N.J. No. 427 (Prov. Ct.), refd to. [para. 20].

R. v. Saunders, [2009] N.J. No. 346 (Prov. Ct.), refd to. [para. 20].

R. v. Jacobish (S.) (2008), 279 Nfld. & P.E.I.R. 331; 856 A.P.R. 331 (N.L.T.D.), refd to. [para. 20].

R. v. Loder, [2005] N.J. No. 105 (Prov. Ct.), refd to. [para. 23].

R. v. Prince, [1986] 2 S.C.R. 480; 70 N.R. 119; 45 Man.R.(2d) 93, refd to. [para. 25].

R. v. Hennebury (P.) (1996), 138 Nfld. & P.E.I.R. 56; 431 A.P.R. 56 (Nfld. C.A.), refd to. [para. 25].

R. v. Poker (J.) (2009), 287 Nfld. & P.E.I.R. 22; 885 A.P.R. 22 (N.L.C.A.), refd to. [para. 25].

R. v. Murphy (D.) (2011), 304 Nfld. & P.E.I.R. 266; 944 A.P.R. 266; 2011 NLCA 16, refd to. [para. 25].

R. v. Rowe (D.) (2008), 273 Nfld. & P.E.I.R. 38; 833 A.P.R. 38 (N.L.C.A.), refd to. [para. 26].

R. v. E.W. (2002), 216 Nfld. & P.E.I.R. 89; 647 A.P.R. 89 (N.L.C.A.), refd to. [para. 26].

Counsel:

A. Manning, for the Crown;

A. Hussey, Q.C., for the accused.

This matter was heard on November 18, 2014, at Clarenville, N.L., and on November 24, 2014, and January 28, 2015, at Grand Bank, N.L., by Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on February 4, 2015.