R. v. Healey (M.A.), (2016) 378 Nfld. & P.E.I.R. 283 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: January 05, 2016
• Jurisdiction: Newfoundland and Labrador
• Citations: (2016), 378 Nfld. & P.E.I.R. 283 (NLPC);2016 NLPC 1314

R. v. Healey (M.A.) (2016), 378 Nfld. & P.E.I.R. 283 (NLPC);

    1174 A.P.R. 283

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. JA.008

Her Majesty the Queen v. Marcus Allan Healey

(2016 NLPC 1314A00413)

Indexed As: R. v. Healey (M.A.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

January 8, 2016.

Summary:

The accused pleaded guilty to: (1) possession of a controlled substance (cannabis) for the purposes of trafficking (Controlled Drugs and Substances Act, s. 5(2)); (2) resisting arrest (Criminal Code, s. 129(a)); and (3) failure to comply with a non-custodial sentence (Youth Criminal Justice Act, s. 137).

The Newfoundland and Labrador Provincial Court sentenced the accused to an overall five month conditional sentence, followed by 12 months' probation. The court also imposed $400 in victim surcharges and a weapon/ammunition prohibition.

Criminal Law - Topic 5627

Punishments (sentence) - Fines, penalties and compensation orders - Victim fine surcharge - The accused pleaded guilty to: (1) possession of a controlled substance (cannabis) for the purposes of trafficking (Controlled Drugs and Substances Act, s. 5(2)); (2) resisting arrest (Criminal Code, s. 129(a)); and (3) failure to comply with a non-custodial sentence (Youth Criminal Justice Act (YCJA), s. 137) - Section 737(1) of the Code required that a "victim surcharge" be imposed for breaches of the Criminal Code or the Controlled Drugs and Substances Act - The Newfoundland and Labrador Provincial Court held that, by virtue of s. 140 of the YCJA, s. 737(1) of the Code applied to an adult who had breached s. 137 of the YCJA - See paragraphs 55 to 66.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The accused pleaded guilty to: (1) possession of a controlled substance (cannabis) for the purposes of trafficking (Controlled Drugs and Substances Act, s. 5(2)); (2) resisting arrest (Criminal Code, s. 129(a)); and (3) failure to comply with a non-custodial sentence (Youth Criminal Justice Act, s. 137) - The pre-sentence report indicated that a "severe drug abuse problem is the major issue in this instance" - 20 years old - Pleaded guilty - The Newfoundland and Labrador Provincial Court sentenced the accused to: (1) three months; (2) one month; and (3) one month respectively, all consecutive - Each individual offence constituted a separate and distinct criminal act which deserved a distinct sentence - The resulting five month sentence did not offend the totality principle (not unduly long or harsh) - The court held that a conditional sentence was appropriate, to be followed by 12 months' probation - See paragraphs 1 to 54.

Criminal Law - Topic 5803

Sentencing - General - Consecutive sentences - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term - Totality principle - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5807

Sentencing - General - Imposing sentences respecting multiple convictions - The Newfoundland and Labrador Provincial Court stated that "When an offender has committed multiple offences, the Court must determine an appropriate sentence for each offence and then consider the totality principle of sentencing." - See paragraph 41.

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5888

Sentence - Resisting or obstructing a peace officer - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 8828

Young offenders - Decisions (incl. punishments) - Failure to comply with youth sentence, surcharge or disposition - [See Criminal Law - Topic 5627 and Criminal Law - Topic 5720.4 ].

Counsel:

A. Joyce, for Her Majesty the Queen in Right of Canada;

A. Sparkes. Q.C., for Her Majesty the Queen in Right of Newfoundland and Labrador;

S. MacKinnon, for Mr. Healey.

This sentencing matter was heard on January 5, 2016, at Corner Brook, N.L., by Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision on January 8, 2016.