R. v. O.J., (1990) 94 Nfld. & P.E.I.R. 31 (NFPC)

• Judge: Woodrow, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: August 16, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 94 Nfld. & P.E.I.R. 31 (NFPC)

R. v. O.J. (1990), 94 Nfld. & P.E.I.R. 31 (NFPC);

    298 A.P.R. 31

MLB headnote and full text

Regina v. O.J.

Indexed As: R. v. O.J.

Newfoundland Provincial Court

Woodrow, P.C.J.

August 16, 1990.

Summary:

The accused was charged with sexual assault under s. 271(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46 and sexual intercourse (incest) under s. 155(2) of the Code. The accused pleaded guilty.

The Newfoundland Provincial Court sen­tenced the accused accordingly.

Criminal Law - Topic 5841

Sentencing - Considerations on imposing sentence - Age of accused - The accused 80 year old male pleaded guilty to charges of sexual assault and sexual intercourse (incest) - The court found the accused guilty of the assault and of attempted intercourse (incest) - The complainant daughter was 13-14 years of age - The daughter reg­ularly slept with the father - Conduct included rubbing the daughter's private parts, digital insertion and attempted inter­course - The daughter fondled the father's private parts - The Newfoundland Provin­cial Court sentenced the accused to twotwo year periods of incar­ceration to be served concurrently.

Criminal Law - Topic 5863

Sentence - Incest - [See Criminal Law - Topic 5841 ].

Criminal Law - Topic 5914

Sentence - Attempt to commit offence - Incest - [See Criminal Law - Topic 5841 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law- Topic 5841 ].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 155(2), sect. 271(1)(a) [para. 1].

Counsel:

[not available].

This matter was heard by Woodrow, P.C.J., of the Newfoundland Provincial Court, who delivered the following decision orally on August 16, 1990.