R. v. O'Neil, (1985) 54 Nfld. & P.E.I.R. 153 (NFDC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: May 23, 1985
• Jurisdiction: Newfoundland and Labrador
• Citations: (1985), 54 Nfld. & P.E.I.R. 153 (NFDC)

R. v. O'Neil (1985), 54 Nfld. & P.E.I.R. 153 (NFDC);

    160 A.P.R. 153

MLB headnote and full text

R. v. O'Neil

(1984 No. 1833)

Indexed As: R. v. O'Neil

Newfoundland District Court

St. John's

Riche, D.C.J.

May 23, 1985.

Summary:

The accused was charged with theft over $200 contrary to s. 294(a) of the Criminal Code of Canada. The Newfoundland District Court found the accused guilty and granted her a conditional discharge subject to a probation order.

Criminal Law - Topic 4431

Procedure - Verdicts, discharges and dismissals - Conditional discharge in lieu of conviction - The accused was 28 years old - No prior criminal record - Employed by a travel agency - Charged and found guilty of theft over $200 from her employer contrary to s. 294(a) of the Criminal Code - The Newfoundland District Court held that a conviction would result in serious hardship to the accused - Accused could be rendered unemployable in the occupation for which she was trained and experienced - Discharge in lieu of conviction was not contrary to public interest - The court granted the accused a conditional discharge subject to conditions prescribed in a probation order - See paragraphs 2, 6 and 7.

Criminal Law - Topic 5854

Sentence - Theft - A woman, 28 years of age with no prior criminal record, was employed by a travel agency - She was charged and found guilty of theft over $200 from her employer contrary to s. 294(a) of the Criminal Code - The actual amount involved was $343 - The cash was used to purchase an airline ticket - The woman failed to account for or report the purchase to her employer - The Newfoundland District Court, in imposing sentence for the offence, granted the woman a conditional discharge subject to conditions under a probation order - See paragraph 8.

Cases Noticed:

R. v. Myers (1977), 37 C.C.C.(2d) 182 (Ont. C.A.), refd to. [para. 4].

R. v. MacEwen (1978), 14 Nfld. & P.E.I.R. 428; 33 A.P.R. 428; 39 C.C.C.(2d) 523 (P.E.I.C.A.), consd. [para. 5].

R. v. MacPhee (1981), 35 N.B.R.(2d) 196; 88 A.P.R. 196, refd to. [para. 6].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 294(a) [paras. 1, 5].

Counsel:

Colin Flynn, for the Crown;

Ernest Gittens, for the accused.

This case was heard at St. John's, Newfoundland, on May 23, 1985, before Riche, D.C.J., of the Newfoundland District Court, who delivered the following oral decision: