R. v. Legge (M.V.), (1994) 115 Nfld. & P.E.I.R. 86 (NFTD)

• Judge: Woolridge, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 09, 1994
• Jurisdiction: Newfoundland and Labrador
• Citations: (1994), 115 Nfld. & P.E.I.R. 86 (NFTD)

R. v. Legge (M.V.) (1994), 115 Nfld. & P.E.I.R. 86 (NFTD);

    360 A.P.R. 86

MLB headnote and full text

Her Majesty The Queen v. Michael Victor Legge

(1993 No. C.B. 295; 355)

Indexed As: R. v. Legge (M.V.)

Newfoundland Supreme Court

Trial Division

Woolridge, J.

February 10, 1994.

Summary:

The accused pleaded guilty to assault causing bodily harm to a six month old female infant. He was on probation when he committed the offence.

The Newfoundland Supreme Court, Trial Division, sentenced the accused to eight months' imprisonment for the assault causing bodily harm charge and 30 days' imprison­ment (consecutive) for the breach of proba­tion. The court also imposed three years' probation and a 10 year firearms prohibition order under s. 100 of the Criminal Code.

Criminal Law - Topic 5883

Sentence - Assault causing bodily harm - The accused pleaded guilty to assault causing bodily harm to a six month old female infant - He was on probation when he committed the offence - The accused resided with the infant and her mother and had become the infant's primary caregiver - The infant had "shaken baby syndrome" - She had severe head injuries causing subdural bleeding into the brain, blood blisters, swollen lips, a broken collar bone and bilateral haemorrhages to both eyes - Three previous convictions for property related offences - The Newfoundland Supreme Court, Trial Division, sentenced the accused to eight months' imprisonment for the assault causing bodily harm charge and 30 days' imprisonment (consecutive) for the breach of probation and imposed three years' probation and a 10 year fire­arms prohibition order.

Cases Noticed:

R. v. Munn (1990), 103 N.B.R.(2d) 354; 259 A.P.R. 354 (C.A.), refd to. [para. 8].

R. v. Weiler (1991), 92 Nfld. & P.E.I.R. 87; 287 A.P.R. 87 (P.E.I.T.D.), refd to. [para. 8].

R. v. A.L.I. and A.R.M. (1993), 119 N.S.R.(2d) 444; 330 A.P.R. 444 (C.A.), refd to. [para. 8].

R. v. Kenny (G.A.) (1988), 70 Nfld. & P.E.I.R. 137; 215 A.P.R. 137 (Nfld. C.A.), consd. [para. 8].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 100 [para. 14]; sect. 267(1)(b) [para. 1].

Counsel:

Brian Dunphy, for Her Majesty The Queen;

John Sweetland, for Michael Victor Legge.

This case was heard on February 9, 1994, before Woolridge, J., of the Newfoundland Supreme Court, Trial Division, who delivered the following oral judgment, which was filed on February 10, 1994.