R. v. Moorcroft, (1985) 54 Nfld. & P.E.I.R. 80 (NFCA)

• Judge: Mifflin, C.J.N., Gushue and Mahoney, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: June 10, 1985
• Jurisdiction: Newfoundland and Labrador
• Citations: (1985), 54 Nfld. & P.E.I.R. 80 (NFCA)

R. v. Moorcroft (1985), 54 Nfld. & P.E.I.R. 80 (NFCA);

    160 A.P.R. 80

MLB headnote and full text

R. v. Moorcroft

(1985 No. 77)

Indexed As: R. v. Moorcroft

Newfoundland Supreme Court

Court of Appeal

Mifflin, C.J.N., Gushue and Mahoney, JJ.A.

June 10, 1985.

Summary:

The accused pleaded guilty to sexual assault with threatening use of a weapon contrary to s. 246.2(a) of the Criminal Code. He was sentenced to two years' imprisonment less a day. The Crown appealed.

The Newfoundland Court of Appeal allowed the appeal and increased the sentence to five years' imprisonment.

Criminal Law - Topic 5933

Sentence - Sexual assault with threatening use of weapon - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 246.2(a) - The accused entered a woman's room, threatened her with a knife and told her to remove her clothes or she would be killed - He forced her onto a bed, straddled her, grabbed her by the neck, choked her and banged her head, rendering her unconscious - When she regained consciousness, she removed her clothing in response to a threat of death after which sexual intercourse without her consent occurred - The Newfoundland Court of Appeal increased the sentence of the accused from two years less a day to five years' imprisonment.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 246.2(a).

Counsel:

Robert Hyslop, for the appellant;

David Orr, for the respondent.

This case was heard on June 10, 1985, at St. John's, Newfoundland, before Mifflin, C.J.N., Gushue and Mahoney, JJ.A., of the Newfoundland Court of Appeal.

On June 10, 1985, Gushue, J.A., orally delivered the following judgment for the Court of Appeal: