R. v. Fadelle (S.D.), (1994) 127 N.S.R.(2d) 227 (CA)

• Judge: Hallett, Matthews and Freeman, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: January 18, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 127 N.S.R.(2d) 227 (CA)

R. v. Fadelle (S.D.) (1994), 127 N.S.R.(2d) 227 (CA);

  355 A.P.R. 227

MLB headnote and full text

Stephen Darrell Fadelle (appellant) v. Her Majesty The Queen (respondent)

(C.A.C. No. 02891)

Indexed As: R. v. Fadelle (S.D.)

Nova Scotia Court of Appeal

Hallett, Matthews and Freeman, JJ.A.

January 18, 1994.

Summary:

The accused was convicted of the second degree murder of his infant son and was sentenced to life imprisonment without eligibility for parole for 15 years. The accused appealed, submitting that the verdict was unreasonable. The accused also appealed the period of parole ineligibility.

The Nova Scotia Court of Appeal dis­missed the appeal against conviction and sentence.

Criminal Law - Topic 4865

Appeals - Indictable offences - Grounds of appeal - Verdict unreasonable or un­supported by evidence - The accused was convicted of the second degree murder of his three month old son - The child died from a skull fracture caused by a severe blow to the head - The accused's wife testified that the accused was changing the crying infant, she heard two thuds and the child stopped crying and was unconscious - Only the accused and the wife had the opportunity to inflict the fatal blow - The accused did not testify as to what occurred - The accused claimed the verdict was unreasonable - The Nova Scotia Court of Appeal held that the verdict was one which a properly instructed jury, acting judicially, could reasonably have rendered - See paragraphs 1 to 9.

Criminal Law - Topic 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligi­bility - The accused struck his three month infant with a severe blow to the head, causing his death due to skull frac­ture - The accused allowed medical per­sonnel to treat the child for meningitis, without disclosing the head injury, which was initially not apparent - The accused had previous convictions for sexual assault, causing a disturbance and break, enter and theft - The trial judge, emphasizing de­nunciation for such a brutal attack on a defenceless child, fixed the period of parole ineligibility at 15 years - The Nova Scotia Court of Appeal refused to interfere with the trial judge's decision - See para­graphs 10 to 16.

Cases Noticed:

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351; 36 C.C.C.(3d) 417; 59 C.R.(3d) 108; 17 B.C.L.R.(2d) 1; [1987] 6 W.W.R. 97; 43 D.L.R.(4th) 424, refd to. [para. 7].

R. v. R.W., [1992] 2 S.C.R. 122; 137 N.R. 214; 54 O.A.C. 164; 74 C.C.C.(3d) 134, refd to. [para. 7].

R. v. Mitchell (1988), 81 N.S.R.(2d) 57; 203 A.P.R. 57 (C.A.), refd to. [para. 10].

R. v. Walford (1984), 12 C.C.C.(3d) 257 (B.C.C.A.), refd to. [para. 13].

R. v. Baillie (1991), 107 N.S.R.(2d) 256; 290 A.P.R. 256 (C.A.), refd to. [para. 14].

R. v. Doyle (1991), 108 N.S.R.(2d) 1; 294 A.P.R. 1 (C.A.), refd to. [para. 14].

Counsel:

Donald C. Murray, for the appellant;

William D. Delaney, for the respondent.

This appeal was heard on January 18, 1994, before Hallett, Matthews and Freeman, JJ.A., of the Nova Scotia Court of Appeal.

On January 18, 1994, Matthews, J.A., delivered the following judgment orally for the Court of Appeal.