R. v. Jackson (P.), (1993) 135 N.B.R.(2d) 307 (TD)

• Judge: Jones, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 21, 1993
• Jurisdiction: New Brunswick
• Citations: (1993), 135 N.B.R.(2d) 307 (TD)

R. v. Jackson (P.) (1993), 135 N.B.R.(2d) 307 (TD);

    135 R.N.-B.(2e) 307; 344 A.P.R. 307

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Peter Jackson (appellant) v. Her Majesty The Queen (respondent)

(S/M/18/93)

Indexed As: R. v. Jackson (P.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

Jones, J.

June 23, 1993.

Summary:

A doctor was convicted of assaulting a patient. The trial judge suspended sentence for six months, imposed probation and a small victim impact charge (see 132 N.B.R.(2d) 305; 337 A.P.R. 305). The doctor appealed the sen­tence, seeking an absolute discharge.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal.

Criminal Law - Topic 4430

Procedure - Verdicts - Discharges and dismissals - Absolute or unconditional discharge in lieu of conviction - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5861

Sentence - Assault - A doctor allegedly struck a 93 year old patient twice around the face or head to quiet him while insert­ing a needle in the patient's arm to admin­ister anaesthetic - He was convicted of assault and was given a suspended sen­tence for six months, probation and a small victim impact charge was imposed - The trial judge did not grant an absolute dis­charge because it would not be in the public interest - On appeal the doctor sought an absolute dis­charge, arguing that insufficient consider­ation was given to the professional disci­plinary procedures to which he was exposed - The New Bruns­wick Court of Queen's Bench, Trial Divi­sion, dismissed the appeal.

Cases Noticed:

R. v. Fallofield, [1973] 6 W.W.R. 472; 13 C.C.C.(2d) 450 (B.C.C.A.), refd to. [para. 12].

R. v. Melo, 26 C.C.C.(2d) 510 (Ont. C.A.), refd to. [para. 14].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 736 [para. 7].

Counsel:

A. Wilber MacLeod, for the appellant;

Kathy Windgate, for the respondent.

This appeal was heard on June 21, 1993, before Jones, J., of the New Brunswick Court of Queen's Bench, Trial Division, who delivered the following decision on June 23, 1993.