R. v. F., (1976) 17 Nfld. & P.E.I.R. 13 (NFPC)

• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: October 12, 1976
• Jurisdiction: Newfoundland and Labrador
• Citations: (1976), 17 Nfld. & P.E.I.R. 13 (NFPC)

R. v. F. (1976), 17 Nfld. & P.E.I.R. 13 (NFPC);

    46 A.P.R. 13

MLB headnote and full text

R. v. F.

Indexed As: R. v. F.

Newfoundland Provincial Court

District of St. John's

Luther, Mag.

October 12, 1976.

Summary:

This headnote contains no summary.

Criminal Law - Topic 8702

Juveniles - Purpose of juvenile delinquents legislation - The Newfoundland Provincial Court stated the purpose of the Welfare of Children Act, R.S.N. 1970, c. 190 - See paragraph 14.

Criminal Law - Topic 8803

Juveniles - Punishments - Applicable legislation - Welfare of Children Act, R.S.N. 1970, c. 190, s. 10(1) - The Newfoundland Provincial Court held that, where a juvenile is transferred to adult court and found guilty, he may be sentenced (a) in accordance with the provisions of the statute establishing the offence, where punishment is included in the sentence or (b) in accordance with the provisions of the Summary Jurisdiction Act where punishment is not included in the sentence - See paragraphs 1 to 14.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 663(1)(c) [para. 12].

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 4(2) [para. 9].

Summary Jurisdiction Act, R.S.N. 1970, c. 364.

Welfare of Children Act, R.S.N. 1970, c. 190, sect. 10(1)(a) [para. 3]; sect. 10(1)(b) [para. 4]; sect. 10(1)(c) [para. 7]; sect. 10(2) [para. 6].

Authors and Works Noticed:

Halsbury's Laws of England (3rd Ed.), vol. 10, p. 272 [para. 12].

Counsel:

David C. Day, for the Crown;

Wayne G. Dymond, for the accused.

This case was heard at St. John's, Newfoundland, before LUTHER, Mag., of the Newfoundland Provincial Court, District of St. John's.

On October 12, 1976, LUTHER, Mag., delivered the following judgment: