R. v. Grant (T.M.), (1989) 79 Nfld. & P.E.I.R. 284 (NFPC)

JudgeHandrigan, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateAugust 24, 1989
JurisdictionNewfoundland and Labrador
Citations(1989), 79 Nfld. & P.E.I.R. 284 (NFPC)

R. v. Grant (T.M.) (1989), 79 Nfld. & P.E.I.R. 284 (NFPC);

    246 A.P.R. 284

MLB headnote and full text

Her Majesty the Queen v. Todd Martin Grant

Indexed As: R. v. Grant (T.M.)

Newfoundland Provincial Court

District of Grand Bank

Handrigan, P.C.J.

August 24, 1989.

Summary:

The accused was charged with 21 counts of break and entry. Sixteen of the breaks were accompanied by thefts. The offences occurred over a period of eight months and covered all parts of the Burin Peninsula. The accused pleaded guilty to all counts.

The Newfoundland Provincial Court imposed a 45 month term of imprisonment.

Criminal Law - Topic 5640

Punishments - Sentence - Fines, penalties and compensation orders - Compensation order - Considerations - Accused was charged with 21 counts of break and entry under s. 348 of the Code - Sixteen breaks accompanied by thefts - Properties also vandalized - Accused had been incarcerated previously, was on probation and had serious drinking problem - Besides term of imprisonment, Crown wanted restitution - The Newfoundland Provincial Court declined to make compensation order under s. 725 of the Code because it would be futile to do so - See paragraph 10.

Criminal Law - Topic 5802

Sentencing - Concurrent sentences - Accused was charged with 21 counts of break and entry under s. 348 of the Criminal Code - Offences covered an eight month period and occurred all over the Burin Peninsula - Some establishments were broke into twice - Accused submitted that it was an appropriate case for concurrent sentences - A judge of the Newfoundland Provincial Court declined to impose all concurrent sentences because all of the offences were not related in time or nature - His Honour held "that concurrent sentences should be reserved for those situations where several delicts emerge from the same or closely related fact situations." - See paragraph 6.

Criminal Law - Topic 5851

Sentence - Break and enter - Accused was charged with 21 counts of break and entry contrary to s. 348 of the Criminal Code - Sixteen counts accompanied by thefts - Most involved business establishments - Offences spanned period of eight months - Accused had prior record of criminal activity and had been incarcerated - Accused on probation at time of offences - Thefts not motivated by hardship and some breaks accompanied by vandalism - Accused suffered from serious drinking problem - The Newfoundland Provincial Court imposed a 45 month term of imprisonment with an additional eight months to be served concurrently.

Cases Noticed:

R. v. Warren (1985), 52 Nfld. & P.E.I.R. 82; 153 A.P.R. 82, dist. [para. 11].

R. v. Dyson; R. v. Hawe (1982), 36 Nfld. & P.E.I.R. 532; 101 A.P.R. 532, dist. [para. 11].

R. v. Reader; R. v. Mullett (1983), 43 Nfld. & P.E.I.R. 177; 127 A.P.R. 177, refd to. [para. 12].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 348 [para. 6]; sect. 725 [para. 10].

Counsel:

Terry D. White, for the Crown;

Shawn C.A. Colbourne, for the accused.

This matter was heard on August 24, 1989, before Handrigan, P.C.J., of the Newfoundland Provincial Court, District of Grand Bank, who imposed the following sentence:

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