R. v. A.J.S., (1997) 149 Nfld. & P.E.I.R. 72 (NFTD)

• Judge: Halley, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: March 07, 1997
• Jurisdiction: Newfoundland and Labrador
• Citations: (1997), 149 Nfld. & P.E.I.R. 72 (NFTD)

R. v. A.J.S. (1997), 149 Nfld. & P.E.I.R. 72 (NFTD);

    467 A.P.R. 72

MLB headnote and full text

Her Majesty The Queen v. A.J.S.

(1996 St. J. No. 3722)

Indexed As: R. v. A.J.S.

Newfoundland Supreme Court

Trial Division

Halley, J.

March 10, 1997.

Summary:

An accused was convicted of sexually assaulting a 15 year old complainant.

The Newfoundland Supreme Court, Trial Division, sentenced the accused to a condi­tional sentence of three months and imposed three years' probation.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When appropriate - A 47 year old accused was convicted of sexually assaulting the complainant - The accused's and the complainant's families were next-door neighbours - The accused coached a Mosquito level baseball team (ages 10 and 11) - The complainant, who was then 14 years old, and her parents accompanied the accused's team on a trip - On the return flight, the accused slid his hand underneath the complainant's shirt and rubbed her back - He then pushed his hand inside of her underwear and squeezed her buttocks - Later, he demanded that she lift up her shirt - She ignored him pretending to sleep - First offence - Employed - Married with three young children - A "tireless community volunteer" - Spent seven days in prison pending sentencing - The Newfoundland Supreme Court, Trial Division, sentenced the accused to a con­ditional sentence of three months and imposed three years' probation.

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5720.4 ].

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. 17].

R. v. Chipman (H.R.) (1993), 106 Nfld. & P.E.I.R. 74; 334 A.P.R. 74 (Nfld. T.D.), refd to. [para. 18].

R. v. Cormier (B.) (1992), 104 Nfld. & P.E.I.R. 315; 329 A.P.R. 315 (Nfld. T.D.), refd to. [para. 18].

R. v. Oliver (E.M.) (1997), 147 Nfld. & P.E.I.R. 210; 459 A.P.R. 210 (Nfld. C.A.), refd to. [para. 20].

R. v. L.F.W. (1996), 146 Nfld. & P.E.I.R. 298; 456 A.P.R. 298 (Nfld. T.D.), refd to. [para. 21].

Counsel:

Paul Adams, for Her Majesty The Queen;

Robert Simmons, for A.J.S.

This case was heard on March 7, 1997, before Halley, J., of the Newfoundland Supreme Court, Trial Division, who delivered judgment on March 10, 1997 and filed the following written reasons on March 21, 1997.