R. v. Duffett (D.D.), (2007) 264 Nfld. & P.E.I.R. 216 (NLCA)

• Judge: Cameron, Roberts and Welsh, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: March 16, 2007
• Jurisdiction: Newfoundland and Labrador
• Citations: (2007), 264 Nfld. & P.E.I.R. 216 (NLCA);2007 NLCA 19

R. v. Duffett (D.D.) (2007), 264 Nfld. & P.E.I.R. 216 (NLCA);

    801 A.P.R. 216

MLB headnote and full text

Temp. Cite: [2007] Nfld. & P.E.I.R. TBEd. MR.017

Her Majesty the Queen (appellant) v. David Danny Duffett (respondent)

(06/108; 2007 NLCA 19)

Indexed As: R. v. Duffett (D.D.)

Newfoundland and Labrador Supreme Court

Court of Appeal

Cameron, Roberts and Welsh, JJ.A.

March 16, 2007.

Summary:

On October 18, 2006, after convicting the accused of public mischief, the sentencing judge fined the accused $1,000 and placed him on probation for one year. He further ordered that the probation order be consecutive to an 18 month probation order which had been imposed on the accused on February 3, 2006. The accused appealed.

The Newfoundland and Labrador Court of Appeal allowed the appeal. The court varied the sentence to delete the delay of commencement of the period of probation. The probation order came into force on October 18, 2006.

Criminal Law - Topic 5722

Punishments (sentence) - Probation or probation order - Jurisdiction - On October 18, 2006, after convicting the accused of public mischief, the sentencing judge fined the accused $1,000 and placed him on probation for one year - He further ordered that the probation order be consecutive to an 18 month probation order which had been imposed on the accused on February 3, 2006 - The Newfoundland and Labrador Court of Appeal varied the order so that it came into force on October 18, 2006 - The sentencing judge could not delay the commencement of the probation period - Section 732.2(1) of the Criminal Code specified when a probation order came into effect - In this case, s. 732.2(1)(a) applied and specified that a probation order came into force on the date that the order was made - The Code did not grant the discretion to delay the commencement of the probation period in the way that the sentencing judge did.

Criminal Law - Topic 5730

Punishments (sentence) - Probation or probation order - Variation of - [See Criminal Law - Topic 5722 ].

Cases Noticed:

R. v. Hunt (1982), 55 N.S.R.(2d) 68; 114 A.P.R. 68; 2 C.C.C.(3d) 126 (C.A.), refd to. [para. 2].

R. v. T.S.L. (1988), 87 N.S.R.(2d) 240; 222 A.P.R. 240; 46 C.C.C.(3d) 126 (C.A.), refd to. [para. 2].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 732.2(1) [para. 2].

Counsel:

Frances Knickle, for the appellant;

The respondent was not represented.

This appeal was heard by Cameron, Roberts and Welsh, JJ.A., of the Newfoundland and Labrador Court of Appeal, on March 16, 2007. On the same date, the court rendered an oral judgment, and Cameron, J.A., filed the following memorandum of disposition for the court.