R. v. Godin (P.), (2003) 257 N.B.R.(2d) 370 (TD)

• Jurisdiction: New Brunswick
• Judge: LaVigne, J.
• Neutral Citation: 2003 NBQB 91
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Citation: (2003), 257 N.B.R.(2d) 370 (TD),2003 NBQB 91
• Date: 11 February 2003

R. v. Godin (P.) (2003), 257 N.B.R.(2d) 370 (TD);

    257 R.N.-B.(2e) 370; 674 A.P.R. 370

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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Temp. Cite: [2003] N.B.R.(2d) TBEd. MR.024

Her Majesty the Queen v. Pierre Godin

(E-CI-6-02; 2003 NBQB 91)

Indexed As: R. v. Godin (P.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Edmundston

LaVigne, J.

February 11, 2003.

Summary:

A jury found Godin guilty of possession of a weapon for the purpose of committing an offence, of aggravated assault and of dis­charging a firearm with intent to endanger the life of the victim. Towards the end of the trial, Godin pleaded guilty to a charge of possession of a firearm without holding the licence and registration certificate required by law.

The New Brunswick Court of Queen's Bench imposed the following prison terms: (1) aggravated assault, four years, four months and 18 days; (2) discharging a fire­arm with intent to endanger the life of the victim, four years, four months and 18 days, concurrent; (3) possession of a weapon for the purpose of committing an offence, three months, consecutive; and (4) possession of a firearm without holding the licence and registration certificate required by law, two months concurrent. Total prison sentence: four years, seven months and 18 days.

Criminal Law - Topic 5830.4

Sentencing - Considerations on imposing sentence - Guilty plea - A jury found Godin guilty of three offences - Towards the end of the trial, Godin pleaded guilty to a fourth offence - Upon sentencing, the New Brunswick Court of Queen's Bench, Trial Division, stated that the guilty plea would nevertheless be taken into con­sideration as one of the mitigating factors, but it would not have the same positive effect as when the accused pleads guilty to all charges and a trial is avoided - See paragraphs 36 to 41.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5848.7 ].

Criminal Law - Topic 5834

Sentencing - Considerations on imposing sentence - Circumstances tending to in­crease sentence - The New Brunswick Court of Queen's Bench, Trial Division stated: "Every time a firearm is used, it is an aggravating factor" - See paragraph 43.

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - Believing he was being threat­ened, Godin, 58, fired two bullets, point blank at Girard - Girard was seriously injured but survived - The incident oc­curred in a shopping mall - Godin was convicted on the following counts: (1) possession of a weapon for the purpose of committing an offence; (2) aggravated assault; and (3) discharging a firearm with intent to endanger the life of the victim - Godin also pleaded guilty to a fourth count, i.e. possession of a firearm without holding the licence and registration cer­tificate required by law - The New Bruns­wick Court of Queen's Bench, Trial Divi­sion, insisted on the denunciatory and deterrent effect of the sentence and sen­tenced Godin to the following prison terms: counts 2 and 3, four years, four months and 18 days concurrent; count 1, three months consecutive; and count 4, two months concurrent - Total prison sentence: four years, seven months and 18 days.

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons - [See Criminal Law - Topic 5848.7 ].

Criminal Law - Topic 5903

Sentencing - Discharge of firearm with intent - [See Criminal Law - Topic 5848.7 ].

Criminal Law - Topic 5938

Sentence - Aggravated assault - [See Criminal Law - Topic 5848.7 ].

Cases Noticed:

R. v. Melanson (E.R.) (1998), 199 N.B.R.(2d) 338; 510 A.P.R. 338 (C.A.), consd. [para. 37].

R. v. Parent (D.) (2001), 236 N.B.R.(2d) 370; 611 A.P.R. 370 (C.A.), consd. [para. 38].

R. v. Roberts (M.D.) (1998), 199 N.B.R.(2d) 387; 510 A.P.R. 387 (C.A.), dist. [para. 47].

R. v. Canney (R.H.) (1995), 163 N.B.R.(2d) 161; 419 A.P.R. 161 (C.A.), consd. [para. 52].

R. v. Meyer (G.A.) (1994), 153 N.B.R.(2d) 316; 392 A.P.R. 316 (C.A.), refd to. [para. 54].

Counsel:

Pierre Roussel and Sébastien Michaud, for the Crown;

François Poitras and Gilles C. Thibodeau, Q.C., for the accused.

This sentencing hearing was held on February 10, 2003, before LaVigne, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Ed­mundston.

LaVigne, J., delivered the following oral decision on February 11, 2003.