R. v. Nash-Levy (B.M.), (1998) 207 N.B.R.(2d) 45 (CA)

• Judge: Rice, Ayles and Larlee, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: November 17, 1998
• Jurisdiction: New Brunswick
• Citations: (1998), 207 N.B.R.(2d) 45 (CA)

R. v. Nash-Levy (B.M.) (1998), 207 N.B.R.(2d) 45 (CA);

    207 R.N.-B.(2e) 45; 529 A.P.R. 45

MLB headnote and full text

[French language version follows English language version]

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

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Temp. Cite: [1998] N.B.R.(2d) TBEd. DE.044

Bonnie May Nash-Levy (appellant) v. Her Majesty the Queen (respondent)

(170/98/CA)

Indexed As: R. v. Nash-Levy (B.M.)

New Brunswick Court of Appeal

Rice, Ayles and Larlee, JJ.A.

December 7, 1998.

Summary:

The accused pleaded guilty to armed rob­bery. The trial judge sentenced her to seven and a half years' imprisonment and ordered that she not be eligible for parole until she had served half of the sentence. The accused appealed the sentence.

The New Brunswick Court of Appeal allowed the appeal in part and deleted the condition that the accused serve half of her sentence before being eligible for parole.

Criminal Law - Topic 5670.4

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibil­ity - Reductions - Appeals - The accused pleaded guilty to armed robbery - The trial judge sentenced her to 7.5 years' imprison­ment and ordered that she not be eligible for parole until she had served half of the sentence - No remorse - Lengthy criminal record - The New Brunswick Court of Appeal refused leave to appeal the sen­tence of 7.5 years - The court deleted the condition that the accused serve half of her sentence before being eligible for parole where: the Crown did not request the condition; the sentencing judge did not give reasons for its imposi­tion; and the accused was not notified that such an order was contemplated.

Criminal Law - Topic 5855

Sentence - Robbery - [See Criminal Law - Topic 5670.4 ].

Cases Noticed:

R. v. Gillespie (1988), 85 N.B.R.(2d) 142; 217 A.P.R. 142 (C.A.), refd to. [para. 3].

R. v. Chaisson (J.L.), [1995] 2 S.C.R. 1118; 183 N.R. 300; 163 N.B.R.(2d) 81; 419 A.P.R. 81; 99 C.C.C.(3d) 289, refd to. [para. 3].

R. v. Goulet (J.) (1995), 79 O.A.C. 233; 97 C.C.C.(3d) 61 (C.A.), refd to. [para. 4].

R. v. Post (J.J.) (1996), 72 B.C.A.C. 312; 119 W.A.C. 312 (C.A.), refd to. [para. 5].

R. v. Rezaie (M.) (1996), 96 O.A.C. 268; 112 C.C.C.(3d) 97 (C.A.), refd to. [para. 5].

Counsel:

Bonnie May Nash-Levy, for herself, by written submission;

Hilary J.A. Drain, for the respondent.

This appeal was heard on November 17, 1998, by Rice, Ayles and Larlee, JJ.A., of the New Brunswick Court of Appeal. The Court of Appeal delivered the following decision on December 7, 1998.