R. v. Hollett (C.), (2011) 313 Nfld. & P.E.I.R. 35 (NLPC)

• Judge: Orr, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: September 09, 2011
• Jurisdiction: Newfoundland and Labrador
• Citations: (2011), 313 Nfld. & P.E.I.R. 35 (NLPC);2011 NLPC 0110

R. v. Hollett (C.) (2011), 313 Nfld. & P.E.I.R. 35 (NLPC);

    974 A.P.R. 35

MLB headnote and full text

Temp. Cite: [2011] Nfld. & P.E.I.R. TBEd. SE.027

Her Majesty the Queen v. Christopher Hollett

(2011 NLPC 0110A00170; 2011 NLPC 0110A01776)

Indexed As: R. v. Hollett (C.)

Newfoundland and Labrador Provincial Court

Orr, P.C.J.

September 9, 2011.

Summary:

The accused was charged with six offences. The accused was alleged to have engaged in a high speed chase pursuing Fleming and then assaulting him and damaging his vehicle with a baseball bat. It was not denied that the chase, damage or the assault occurred. The only issue was the identity of the offender.

The Newfoundland and Labrador Provincial Court, in a decision reported at 307 Nfld. & P.E.I.R. 168; 954 A.P.R. 168, held that the Crown had proven beyond a reasonable doubt that the accused was the offender. The court convicted the accused of dangerous driving, assault with a weapon, possession of a weapon, damage to property and breach of probation. The accused also pled guilty to possession of a prohibited weapon and breach of an undertaking.

The Newfoundland and Labrador Provincial Court sentenced the accused to a total of 29 months' imprisonment. The court imposed a lifetime firearm prohibition order, a DNA order and a five year driving prohibition order.

Criminal Law - Topic 5865

Sentence - Dangerous driving - The accused engaged in a high speed chase pursuing Fleming and then assaulting him and damaging his vehicle with a baseball bat - The trial judge convicted the accused of dangerous driving, assault with a weapon, possession of a weapon, damage to property and breach of probation - The accused also pled guilty to possession of a prohibited weapon and breach of an undertaking - The Newfoundland and Labrador Provincial Court sentenced the accused to a total of 29 months' imprisonment - The court imposed a lifetime firearm prohibition order, a DNA order and a five year driving prohibition order - The offences were very serious - The accused carried out a lengthy and sustained attack on Fleming, pursuing his vehicle at high speed over a long distance, terrorizing his passenger, Young, then violently assaulting him with a baseball bat and deliberately damaging his property - In doing this, he willfully put at serious risk not only Fleming and Young but any other people that were using the roadways that night - He had previous convictions both for driving offences, weapons offences and a history of breaching court orders - The accused acted out in what had been characterized as road rage and had driven in a deliberately reckless manner - His actions had to be considered as displaying a high degree of moral culpability and accordingly denunciation and deterrence had to be the principle sentencing considerations.

Criminal Law - Topic 5883

Sentence - Assault with a weapon or assault causing bodily harm - [See Criminal Law - Topic 5865 ].

Criminal Law - Topic 5898

Sentence - Breach of probation - [See Criminal Law - Topic 5865 ].

Cases Noticed:

R. v. Wilson (R.) (2008), 240 O.A.C. 59 (C.A.), refd to. [para. 11].

R. v. Bilodeau (M.J.) (2005), 219 B.C.A.C. 261; 361 W.A.C. 261 (C.A.), refd to. [para. 15].

R. v. Rogers (W.M.) (2008), 274 Nfld. & P.E.I.R. 159; 837 A.P.R. 159 (N.L.C.A.), refd to. [para. 15].

R. v. Cloutier (B.C.) (2008), 463 A.R. 130 (Prov. Ct.), refd to. [para. 17].

R. v. Saboksayr, [2006] B.C.J. No. 1447 (Prov. Ct.), refd to. [para. 21].

R. v. Ryan (W.J.) (2006), 261 Nfld. & P.E.I.R. 326; 790 A.P.R. 326; 2006 NLTD 167, refd to. [para. 23].

R. v. Lewis (M.P.) (2002), 212 Nfld. & P.E.I.R. 145; 637 A.P.R. 145 (N.L.T.D.), refd to. [para. 23].

R. v. Dennis (D.N.) (2001), 149 B.C.A.C. 201; 244 W.A.C. 201; 2001 BCCA 30, refd to. [para. 23].

R. v. Munn (P.J.N.) (2004), 272 N.B.R.(2d) 269; 715 A.P.R. 269; 2004 NBCA 44, refd to. [para. 23].

R. v. Valade (1970), 15 C.R.N.S. 42 (Que. C.A.), refd to. [para. 28].

R. v. Porter (N.M.) (2007), 239 B.C.A.C. 19; 396 W.A.C. 19 (C.A.), refd to. [para. 30].

Authors and Works Noticed:

Ruby, Clayton C., Davies, Breese, Doucette, Delmar, Loosemore, Sarah, Orkin, Jessica, and Wawzonek, Caroline, Sentencing (7th Ed. 2008), p. 963 [para. 26].

Counsel:

Elizabeth Ivany, for Her Majesty the Queen;

Michelle Elliott, for the accused.

This case was heard at St. John's, N.L., on May 5 and 6, 2011, by Orr, P.C.J., of the Newfoundland and Labrador Provincial Court, who imposed the sentence on September 9, 2011, and filed the following written reasons on September 12, 2011.