R. v. Hunt (J.), (2015) 368 Nfld. & P.E.I.R. 323 (NLTD(G))

• Judge: Halley, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: May 26, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 368 Nfld. & P.E.I.R. 323 (NLTD(G))

R. v. Hunt (J.) (2015), 368 Nfld. & P.E.I.R. 323 (NLTD(G));

    1149 A.P.R. 323

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JN.029

Her Majesty the Queen v. Justin Hunt

(201401G0795; 2015 NLTD(G) 82)

Indexed As: R. v. Hunt (J.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Halley, J.

June 12, 2015.

Summary:

The accused was convicted of three counts of sexual assault involving three female complainants who were under 16 years of age, one count of breaching an undertaking to refrain from communicating with a complainant, and one count of failing to comply with a condition of a recognizance by being alone with a female under 16 years of age.

The Newfoundland and Labrador Supreme Court, Trial Division (General), imposed a total period of imprisonment of four and a half years in addition to the remand time of 18 days. The court also imposed a DNA order, a weapons prohibition and a lifetime order under the Sex Offender Information Registry Act.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The accused was convicted of three counts of sexual assault involving three female complainants under 16 years of age, one count of breaching an undertaking to refrain from communicating with a complainant, and one count of failing to comply with a condition of a recognizance by being alone with a female under 16 years of age - When the accused was 21 and 22 years of age he made acquaintances with a series of females under 16 years of age - A.W. met the accused when she was 14 - They had sex, which included groping, digital penetration and sexual intercourse - The accused used a condom - B.S. met the accused when she was 13 - The accused had sexual intercourse with the B.S. on three occasions - He did not use a condom - A.F. was 15 when she met the accused in the fall of 2012 - They had sex about four times a week from mid-January until early March of 2013, which included groping, digital penetration and sexual intercourse - The accused did not use a condom - The accused had no criminal record - Although not a defence to the sexual assaults, the complainants testified that the sexual activity with the accused was consensual - The Newfoundland and Labrador Supreme Court, Trial Division (General), determined appropriate sentences for the five offences - As the offences were not "a single criminal adventure", the sentences had to be imposed consecutively, which would result in a total term of imprisonment of 11 years - The court applied the totality principle and determined that a term of imprisonment of 11 years was excessive - The court held that in order to make the sentences just and appropriate, the sexual assault sentences would run concurrently with the breaches of the undertaking and recognizance running consecutively, for a total period of imprisonment of four and a half years in addition to the remand time of 18 days - The court also imposed a DNA order, a weapons prohibition and a lifetime order under the Sex Offender Information Registry Act.

Cases Noticed:

R. v. Atkins (K.J.) (1988), 69 Nfld. & P.E.I.R. 99; 211 A.P.R. 99 (Nfld. C.A.), refd to. [para. 10].

R. v. A.B. (2015), 365 Nfld. & P.E.I.R. 160; 1138 A.P.R. 160; 2015 NLCA 19, refd to. [para. 15].

R. v. Hutchings (R.) (2012), 316 Nfld. & P.E.I.R. 211; 982 A.P.R. 211; 2012 NLCA 2, refd to. [para. 21].

Counsel:

Tannis L. King and Jennifer E. Lundrigan, for the Crown;

John G. Kelly, for the offender.

This matter was heard on May 26, 2015, at St. John's, N.L., before Halley, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment orally on June 12, 2015.