R. v. M.A., (1977) 12 Nfld. & P.E.I.R. 216 (NFCA)

• Judge: Furlong, C.J.N., Morgan and Gushue, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: April 29, 1977
• Jurisdiction: Newfoundland and Labrador
• Citations: (1977), 12 Nfld. & P.E.I.R. 216 (NFCA)

R. v. M.A. (1977), 12 Nfld. & P.E.I.R. 216 (NFCA);

    25 A.P.R. 216

MLB headnote and full text

R. v. M.A.

Indexed As: R. v. M.A.

Newfoundland Supreme Court

Court of Appeal

Furlong, C.J.N., Morgan and Gushue, JJ.A.

April 29, 1977.

Summary:

This case arose out of 14 charges against the accused 17 year old Indian girl relating to breaking and entering or damaging property and theft. The accused pleaded guilty to the charges, including one charge of break and enter with intent contrary to s. 306(1)(a) of the Criminal Code of Canada, R.S.C. 1970, c. C-34, and six charges of break and enter and committing an offence contrary to s. 306(1)(b). The accused was sentenced to three years' imprisonment on the charge of break and enter with intent and to one year imprisonment on each of the other charges. The accused appealed from conviction and sentence.

The Newfoundland Court of Appeal dismissed the appeal from conviction and found that the trial judge properly exercised his duty of determining that the accused understood the nature of the charges against her. See paragraphs 7 to 10.

The Newfoundland Court of Appeal reduced the sentence of the accused to two years' imprisonment on the charge of break and enter with intent and six months' concurrent imprisonment on the other charges. See paragraphs 8 to 14.

Criminal Law - Topic 4226

Procedure - Pleas - Acceptance of guilty plea - The Newfoundland Court of Appeal stated that before accepting a guilty plea, a trial judge has a duty to satisfy himself that the accused understands the nature of the charge and proceedings against him - The Court of Appeal stated that, if he is not satisfied, the trial judge should always make due inquiries of the accused about his understanding or lack of it and explain the matter in sufficient detail to ensure that the accused is fully conscious of the nature of the charge - The Court of Appeal stated that it was not necessary to inform the accused of the possible punishment for the offence - See paragraphs 7 to 10.

Criminal Law - Topic 5851

Sentence - Break and enter with intent and break and enter and committing offence - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 306(1)(a), (b) - The accused 17 year old Indian girl pleaded guilty to one charge of break and enter with intent and six charges of break and enter and committing an offence - The Newfoundland Court of Appeal reduced the sentence of the accused from three years' imprisonment on the charge of break and enter with intent and one year on each of the other charges to run concurrently to two years' imprisonment for break and enter with intent and six months' concurrent imprisonment on each of the other charges - See paragraphs 8 to 14.

Cases Noticed:

R. v. Adgey, 13 C.C.C. 177, appld. [para. 7].

Brosseau v. The Queen, [1969] 3 C.C.C. 129, appld. [para. 7].

R. v. Milina, 86 C.C.C. 374, appld. [para. 7].

R. v. Phillips, 1 Nfld. & P.E.I.R. 374, refd to. [para. 7].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 306(1)(a), sect. 306(1)(b).

Counsel:

Bruce Windsor, for the appellant;

John Byrne, for the respondent.

This case was heard at St. John's, Newfoundland, before FURLONG, C.J.N., MORGAN and GUSHUE, JJ.A., of the Newfoundland Court of Appeal.

On April 29, 1977, FURLONG, C.J.N., delivered the following judgment of the Court of Appeal: