R. v. G.L.C., (2014) 419 N.B.R.(2d) 219 (CA)

• Judge: Richard, Bell and Quigg, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: March 27, 2014
• Jurisdiction: New Brunswick
• Citations: (2014), 419 N.B.R.(2d) 219 (CA);2014 NBCA 21

R. v. G.L.C. (2014), 419 N.B.R.(2d) 219 (CA);

    419 R.N.-B.(2e) 219; 1090 A.P.R. 219

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

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

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Temp. Cite: [2014] N.B.R.(2d) TBEd. AP.016

Renvoi temp.: [2014] N.B.R.(2d) TBEd. AP.016

G.L.C. (appellant) v. Her Majesty the Queen (respondent)

(73-13-CA; 2014 NBCA 21)

Indexed As: R. v. G.L.C.

Répertorié: R. v. G.L.C.

New Brunswick Court of Appeal

Richard, Bell and Quigg, JJ.A.

April 10, 2014.

Summary:

Résumé:

The accused pled guilty to four counts of indecent assault, three counts of sexual assault, one count of sexual interference with a female not his wife without her consent, and one count of sexual intercourse with a female under the age of 14 years. The offences took place between 1974 and 1988. The victims were the accused's stepdaughter and three of her friends.

The New Brunswick Provincial Court, in a decision reported at (2013), 402 N.B.R.(2d) 184; 1044 A.P.R. 184, sentenced the accused to 12 years' imprisonment in a federal penitentiary. The accused applied for leave to appeal the sentence.

The New Brunswick Court of Appeal dismissed the application.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5852

Sentence - Rape - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5856

Sentence - Indecent assault - The accused (GLC) pled guilty to nine offences involving the sexual abuse of his stepdaughter and three of her friends (KF, LL and HG) - The offences took place between 1974 and 1988 - He abused his stepdaughter over a period of 16 years, KF for six years, LL for five years, and HG for one year - There were incidents of non-penetrative and penetrative sexual activity - The sentencing judge held that there was not enough evidence regarding GLC's health (arthritis, forgetfulness following a stroke, and heart issues following a heart attack) to warrant consideration as a mitigating factor - Respecting his age (81), the sentencing judge referred to the fact that it was within the parole board's power to exercise its discretion as to when to release an accused depending upon his circumstances - The sentencing judge imposed a global sentence of 12 years' imprisonment in a federal penitentiary - For the stepdaughter, the sentence was six years for sexual intercourse with a female who was not his wife without her consent, one year concurrent for indecent assault and two years concurrent for sexual assault - For KF, the sentence was four years consecutive for sexual intercourse with a female who was not his wife and under the age of 14 years, and one year concurrent for indecent assault - For each of LL and HG, the sentences were one year concurrent for indecent assault and one year consecutive for sexual assault - The New Brunswick Court of Appeal dismissed GLC's application for leave to appeal sentence - The offences were the result of GLC's planned and deliberate actions for his sexual gratification and were committed with reckless abandon as to the long-term and devastating effects on the victims - GLC violated his position of trust and sometimes used force - The sentencing judge considered the seriousness of the offences and gave due consideration to GLC's cooperation with the police investigation, guilty pleas, expression of remorse, absence of a criminal record, and his age and health - None of the grounds GLC wished to advance justified appellate intervention.

Criminal Law - Topic 5884

Sentence - Sexual intercourse with a female under 14 - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5856 ].

Droit criminel - Cote 5831.1

Détermination de la peine - Facteurs considérés lors de l'infliction de la peine - Infractions concernant l'abus de confiance - [Voir Criminal Law - Topic 5831.1 ].

Droit criminel - Cote 5848.9

Détermination de la peine - Facteurs considérés lors de l'infliction de la peine - Infractions sexuelles contre des enfants - [Voir Criminal Law - Topic 5848.9 ].

Droit criminel - Cote 5852

Peine - Viol - [Voir Criminal Law - Topic 5852 ].

Droit criminel - Cote 5856

Peine - Attentat à la pudeur - [Voir Criminal Law - Topic 5856 ].

Droit criminel - Cote 5884

Peine - Rapports sexuels avec une personne de sexe féminin âgée de moins de 14 ans - [Voir Criminal Law - Topic 5884 ].

Droit criminel - Cote 5932

Peine - Agression sexuelle - [Voir Criminal Law - Topic 5932 ].

Counsel:

Avocats:

Angèle C. Normand, for the appellant;

Derek J. Weaver, for the respondent.

This application for leave to appeal was heard on March 27, 2014, before Richard, Bell and Quigg, JJ.A., of the New Brunswick Court of Appeal. The court rendered the following judgment, in both official languages, on April 10, 2014.