R. v. Lidster (N.), (2015) 366 Nfld. & P.E.I.R. 267 (NLPC)

• Judge: Goulding, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: April 16, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 366 Nfld. & P.E.I.R. 267 (NLPC);2015 NLPC 0113

R. v. Lidster (N.) (2015), 366 Nfld. & P.E.I.R. 267 (NLPC);

    1144 A.P.R. 267

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. MY.005

Her Majesty the Queen v. Nick Lidster

(2015 NLPC 0113A01002)

Indexed As: R. v. Lidster (N.)

Newfoundland and Labrador Provincial Court

Goulding, P.C.J.

May 6, 2015.

Summary:

The accused pleaded guilty to sexual assault and damaging property.

The Newfoundland and Labrador Provincial Court sentenced the accused to 23 months' imprisonment for the sexual assault and five days concurrent for damaging property. The court also imposed two years of supervised probation, a DNA order, a 10 year firearms prohibition order, and an order requiring compliance with the Sex Offender Information Registration Act for 20 years.

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 a restriction on publication pursuant to s. 486.4 of the Criminal Code and Maritime Law Book's editorial policy.

Criminal Law - Topic 5723

Punishments (sentence) - Probation or probation order - Conditions - The 34 year old accused pleaded guilty to sexual assault and damaging property - The accused and the victim were roommates - The accused ripped the sheets off her bed and tried to pull her by her feet from the bed - He forcibly removed her pajama pants and underwear - She fought back and fled to the bathroom - He pursued her and broke down the bathroom door - He punched her repeatedly and choked her - She managed to escape - The accused accepted responsibility but did not recall all of the details due to his degree of intoxication - Remorseful - After the offences, he was treated for depression and anxiety - He attempted suicide and was hospitalized - Had since attended mental health counselling with a psychologist and was a patient of a psychiatrist - Denied having consumed alcohol since his arrest two years earlier - A low risk to reoffend - Supportive family - Unemployed - The Newfoundland and Labrador Provincial Court sentenced the accused to 23 months' imprisonment for the sexual assault and five days concurrent for damaging property - The court also imposed two years of supervised probation, a DNA order, a 10 year firearms prohibition order, and an order requiring compliance with the Sex Offender Information Registration Act for 20 years - During the probation period, to assist with rehabilitation, the accused was to abstain from the possession or consumption of alcohol, was to have no contact or communications with the victim and was to attend all counselling sessions as recommended by his probation officer.

Criminal Law - Topic 5890

Sentence - Mischief - [See Criminal Law - Topic 5723 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5723 ].

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. 7].

R. v. J.H. (2012), 329 Nfld. & P.E.I.R. 302; 1022 A.P.R. 302; 2012 NLTD(G) 174, refd to. [para. 7].

R. v. Gardner (K.B.) (2011), 311 Nfld. & P.E.I.R. 308; 967 A.P.R. 308 (Prov. Ct.), refd to. [para. 10].

R. v. Nasogaluak (L.M.), [2010] 1 S.C.R. 206; 398 N.R. 107; 474 A.R. 88; 479 W.A.C. 88; 2010 SCC 6, refd to. [para. 14].

R. v. Hutchings (R.) (2012), 316 Nfld. & P.E.I.R. 211; 982 A.P.R. 211; 2012 NLCA 2, refd to. [para. 33].

Counsel:

Tannis King, for Her Majesty the Queen;

David Power, for the accused.

This matter was heard at St. John's, N.L., on April 16, 2015, by Goulding, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on May 6, 2015.