R. v. Gallant (S.F.), (1992) 126 N.B.R.(2d) 421 (CA)

• Judge: Stratton, C.J.N.B., Angers and Hoyt, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 09, 1992
• Jurisdiction: New Brunswick
• Citations: (1992), 126 N.B.R.(2d) 421 (CA);1992 CanLII 4079 (NB CA);126 NBR (2d) 421

R. v. Gallant (S.F.) (1992), 126 N.B.R.(2d) 421 (CA);

    126 R.N.-B.(2e) 421; 317 A.P.R. 421

MLB headnote and full text

[French language version follows English language version]

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

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Her Majesty The Queen (appellant) v. Susan Frances Gallant (respondent)

(81/92/CA)

Indexed As: R. v. Gallant (S.F.)

New Brunswick Court of Appeal

Stratton, C.J.N.B., Angers and Hoyt, JJ.A.

June 26, 1992.

Summary:

The accused pleaded guilty to aggravated assault. She was sentenced to imprisonment of two years less a day and two years' pro­bation. The Crown appealed.

The New Brunswick Court of Appeal allowed the appeal and sentenced the accused to four years' imprisonment.

Criminal Law - Topic 5938

Sentence - Aggravated assault - The 47 year old accused took her 23 year old daughter to a remote area in the woods, repeatedly beat her on the head and body with a hard object, left her unconscious and drove back home - Daughter, serious­ly injured, obtained help after seven hours - No criminal record - Mild to moderate impairment in the frontal lobe of the brain - No remorse shown until sentencing - Six months' pretrial custody - The trial judge found the assault an explosion of anger - He stressed rehabilitation and sentenced the accused to imprisonment for two years less a day and two years' proba­tion - The New Bruns­wick Court of Appeal increased sentence to four years' imprisonment.

Cases Noticed:

R. v. Parent (1982), 38 N.B.R.(2d) 1; 100 A.P.R. 1 (C.A.), consd. [para. 10].

R. v. Merrithew (1983), 46 N.B.R.(2d) 356; 121 A.P.R. 356 (C.A.), consd. [para. 10].

R. v. Bartibogue (1990), 94 N.B.R.(2d) 157; 239 A.P.R. 157 (Q.B.), consd. [para. 10].

R. v. Atkin (1988), 27 O.A.C. 235 (C.A.), consd. [para. 10].

R. v. Aijo (1990), 100 N.B.R.(2d) 165; 252 A.P.R. 165, consd. [para. 10].

Counsel:

Christopher Titus, for the appellant;

Dennis Boyle, for the respondent.

This appeal was heard on June 9, 1992, before Stratton, C.J.N.B., Angers and Hoyt, JJ.A., of the New Brunswick Court of Appeal. On June 26, 1992, the following decision was delivered by the court.