R. v. Neville (S.M.), (2013) 333 Nfld. & P.E.I.R. 166 (NLTD(G))

• Judge: Thompson, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: March 20, 2013
• Jurisdiction: Newfoundland and Labrador
• Citations: (2013), 333 Nfld. & P.E.I.R. 166 (NLTD(G))

R. v. Neville (S.M.) (2013), 333 Nfld. & P.E.I.R. 166 (NLTD(G));

    1034 A.P.R. 166

MLB headnote and full text

Temp. Cite: [2013] Nfld. & P.E.I.R. TBEd. MR.036

Her Majesty the Queen (plaintiff) v. Steven Michael Neville (defendant)

(201201G0947; 2013 NLTD(G) 48)

Indexed As: R. v. Neville (S.M.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Thompson, J.

March 20, 2013.

Summary:

The accused was convicted of first degree murder of Flynn and attempted murder of Dwyer.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to life imprisonment with parole ineligibility set at 12 years for murder and 10 years' imprisonment, concurrent, for attempted murder.

Editor's note: there are several cases involving this accused.

Criminal Law - Topic 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility - The accused got out of a car as it passed Dwyer and Flynn when they started to run after the car - A fight was engaged - Within seconds the offender stabbed Dwyer - Dwyer succumbed to the wounds, ran away and fell - The accused and Flynn immediately engaged in a fight - Again, within seconds the accused stabbed Flynn - Flynn was able to return blows - Then a stab wound inflicted by the accused to Flynn's temple pierced his skull and brain - It was a fatal wound - The accused was convicted of first degree murder of Flynn and attempted murder of Dwyer - The accused was 20 years old at the time of the offences - He had a fairly lengthy criminal record - He had continued his education despite his impairments and had attempted employment - The accused had been compliant during his incarceration to date and had matured both emotionally and physically during his incarceration - He had family support - There were some features of provocation present - However, there was an unexplained level of brutality inflicted by the accused - The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to life imprisonment with parole ineligibility set at 12 years for murder and 10 years' imprisonment, concurrent, for attempted murder.

Criminal Law - Topic 5881

Sentence - Murder (incl. attempts) - [See Criminal Law - Topic 5670 ].

Cases Noticed:

R. v. Parsons (B.) (2007), 267 Nfld. & P.E.I.R. 191; 811 A.P.R. 191; 2007 NLTD 108, refd to. [para. 13].

R. v. Doyle (B.J.) (2003), 222 Nfld. & P.E.I.R. 211; 663 A.P.R. 211; 2003 NLSCTD 20, refd to. [para. 15].

R. v. Ferguson (M.E.), [2008] 1 S.C.R. 96; 371 N.R. 231; 425 A.R. 79; 418 W.A.C. 79; 2008 SCC 6, refd to. [para. 49].

R. v. Bhandher (R.S.), [2010] B.C.T.C. Uned. 1812; 2010 CarswellBC 3468; 2010 BCSC 1812, refd to. [para. 60].

R. v. Blundon (C.J.A.) (2011), 304 Nfld. & P.E.I.R. 111; 944 A.P.R. 111; 2011 NLTD(G) 19, refd to. [para. 61].

R. v. Mafi (K.) (2000), 133 B.C.A.C. 221; 217 W.A.C. 221; 142 C.C.C.(3d) 449; 2000 BCCA 135, refd to. [para. 62].

R. v. Bourne (W.C.) (1996), 141 Nfld. & P.E.I.R. 309; 443 A.P.R. 309; 31 W.C.B.(2d) 361 (Nfld. T.D.), refd to. [para. 66].

R. v. Shropshire (M.T.), [1995] 4 S.C.R. 227; 188 N.R. 284; 65 B.C.A.C. 37; 106 W.A.C. 37, refd to. [para. 67].

R. v. Whiteway (J.R.P.) (2010), 301 Nfld. & P.E.I.R. 99; 932 A.P.R. 99; 2010 NLTD(G) 141, refd to. [para. 71].

R. v. Blandon (J.), [2012] O.T.C. Uned. 3864; 2012 ONSC 3864, refd to. [para. 73].

R. v. Tan (C.) (2008), 268 O.A.C. 385; 2008 ONCA 574, refd to. [para. 83].

R. v. Hutchings (R.) (2012), 316 Nfld. & P.E.I.R. 211; 982 A.P.R. 211; 2012 NLCA 2, refd to. [para. 86].

Counsel:

Robin Fowler and Jason House, for the Crown;

Peter Ralph, Q.C., and Rosellen Sullivan, for the defendant.

This case was heard at St. John's, NL, on March 12, 13 and 20, 2013, by Thompson, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following sentencing decision orally on March 20, 2013.