R. v. Englehart (A.), (1999) 208 N.B.R.(2d) 39 (CA)

• Judge: Rice, Ryan and Drapeau, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: January 12, 1999
• Jurisdiction: New Brunswick
• Citations: (1999), 208 N.B.R.(2d) 39 (CA)

R. v. Englehart (A.) (1999), 208 N.B.R.(2d) 39 (CA);

    208 R.N.-B.(2e) 39; 531 A.P.R. 39

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [1999] N.B.R.(2d) TBEd. JA.023

Her Majesty The Queen (appellant) v. Armel Englehart (respondent)

(299/96/CA)

Indexed As: R. v. Englehart (A.)

New Brunswick Court of Appeal

Rice, Ryan and Drapeau, JJ.A.

January 12, 1999.

Summary:

The accused was convicted of sexual­ly assaulting two children over a period of several years. On the first charge, the ac­cused was sentenced to 18 months' impris­onment.

The New Brunswick Court of Appeal, in a decision reported at 199 N.B.R.(2d) 375; 510 A.P.R. 375, granted leave to appeal but remitted the matter to the trial judge for him to determine which of the incidents were proven beyond a reason­able doubt.

The New Brunswick Court of Appeal subsequently dismissed the sentence appeal.

Criminal Law - Topic 5809.3

Sentencing - General - Where factual basis for jury's verdict unclear - The accused was convicted of sexually assaulting two children over a period of several years - On the first charge, the accused was sen­tenced to 18 months' impris­onment - The Crown appealed the sen­tence - The New Brun­swick Court of Appeal granted leave to appeal and referred the matter back to the trial judge for specific informa­tion - The New Bruns­wick Court of Appeal dismissed the appeal - The court stated that: the trial judge could not identify which indictments were proven beyond a reasonable doubt when the jury found the accused guilty of sexual assaults; the ac­cused had served his sen­tence; and in the indictment the pros­ecu­tion referred to the sexual assaults in the plural without any particulars, which com­plicated the trial judge's task signifi­cantly.

Criminal Law - Topic 6214

Sentencing - Appeals - Variation of sen­tence - Considerations - Where sentence of trial court has been served - [See Criminal Law - Topic 5809.3 ].

Counsel:

Luc J. Labonté, for the appellant;

Kirk W. Meldrum, for the respondent.

This appeal was heard on January 12, 1999, by Rice, Ryan and Drapeau, JJ.A., of the New Brunswick Court of Appeal. The Court of Appeal delivered the following oral decision on the same date.