R. v. A.H.A. and L.J.P., (1980) 25 Nfld. & P.E.I.R. 10 (NFPC)

• Judge: Luther, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: February 01, 1980
• Jurisdiction: Newfoundland and Labrador
• Citations: (1980), 25 Nfld. & P.E.I.R. 10 (NFPC)

R. v. A.H.A. and L.J.P. (1980), 25 Nfld. & P.E.I.R. 10 (NFPC);

    68 A.P.R. 10

MLB headnote and full text

R. v. A.H.A. and L.J.P.

(Nos. 7484, 7939, 7937, 8224, 8224A)

Indexed As: R. v. A.H.A. and L.J.P.

Newfoundland Provincial Court

District of St. John's

Luther, P.C.J.

February 1, 1980.

Summary:

This case arose out of charges of armed robbery and theft, contrary to ss. 302(d) and 294(a) of the Criminal Code. The accused L.J.P. pleaded guilty to one charge of armed robbery and theft. L.J.P. had a previous criminal record and was on probation at the time of the offence.

The Newfoundland Provincial Court sentenced L.J.P. to 3 1/2 years' imprisonment for armed robbery and 18 months' imprisonment for theft. The accused A.H.A. pleaded guilty to two charges of armed robbery and one charge of theft. He was on a judicial interim release from the first charge of robbery, when the second was committed. He was drawing unemployment benefits.

The Newfoundland Provincial Court sentenced A.H.A. to 18 months and 3 years' consecutive imprisonment for the two charges of armed robbery and 18 months for theft. Both theft sentences were to be served concurrently with the armed robbery sentences.

Criminal Law - Topic 5855

Sentence - Armed robbery - The accused teenager pleaded guilty to charges of armed robbery and theft over $200.00 contrary to ss. 302(d) and 294(a) of the Criminal Code - Previous criminal record and on probation at the time of the present offence - The Newfoundland Provincial Court sentenced the accused to 3 1/2 years' imprisonment for armed robbery - See paragraph 29.

Criminal Law - Topic 5830

Sentencing - Considerations on imposing sentence - General - The Newfoundland Provincial Court stated principles and considerations which affect sentencing - See paragraph 11.

Criminal Law - Topic 5835

Sentencing - Considerations on imposing sentence - Protection of public - The Newfoundland Provincial Court held that protection of the public was the paramount concern in sentencing especially when the offence was one which was a serious problem to the community - See paragraph 18.

Criminal Law - Topic 5854

Theft - The accused teenager pleaded guilty to charges of armed robbery and theft over $200.00 contrary to ss. 302(d) and 294(a) of the Criminal Code - Previous criminal record and on probation at the time of the offence - The Newfoundland Provincial Court sentenced the accused to 18 months' imprisonment for theft to be served concurrently with his sentence for armed robbery - See paragraph 32.

Criminal Law - Topic 5854

Sentence - Theft - The accused teenager pleaded guilty to two charges of armed robbery and one charge of theft over $200.00 contrary to ss. 302(d) and 294(a) of the Criminal Code - The accused was on a judicial interim release from the first charge of armed robbery when the theft and second robbery were committed - The Newfoundland Provincial Court sentenced the accused to 18 months' imprisonment for theft to be served concurrently with his sentence for armed robbery - See paragraph 32.

Criminal Law - Topic 5855

Sentence - Armed robbery - The accused teenager pleaded guilty to two charges of armed robbery and one charge of theft over $200.00 contrary to ss. 302(d) and 294(a) of the Criminal Code - The accused was on a judicial interim release from the first charge of armed robbery when the second offence occurred - The accused was drawing unemployment insurance benefits - The Newfoundland Provincial Court stated that the accused committed the offence for thrills and excitement, which was an aggravating factor in considering sentence - The Provincial Court sentenced the accused to 18 months and 3 years' consecutive imprisonment for the two offences of robbery - See paragraphs 30 and 31.

Cases Noticed:

R. v. Iwaniw (1959), 127 C.C.C. 40; 32 C.R. 389; 30 W.W.R.(N.S.) 590, refd to. [para. 11].

R. v. Nutter, Collishaw & Dulong, 7 C.C.C.(2d) 224, refd to. [para. 14].

R. v. Morris (1978), 23 N.R. 109; 6 C.R.(3d) 36 (S.C.C.), appld. [para. 20].

R. v. Newman (1978), 22 N.S.R.(2d) 488; 31 A.P.R. 488, refd to. [para. 30].

R. v. Lavhey (1976), 15 N.S.R.(2d) 683; 14 A.P.R. 683, refd to. [para. 32].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 294(a), sect. 302(d), sect. 303.

Counsel:

Robert Hyslop, for the Crown;

Thomas Eagan, for the accused, A.H.A.;

Kevin Stamp, for the accused, L.J.P.

This case was heard by LUTHER, P.C.J., of the Newfoundland Provincial Court, District of St. John's.

On February 1, 1980, LUTHER, P.C.J., delivered the following judgment: