R. v. Noseworthy, (1974) 6 Nfld. & P.E.I.R. 123 (NFCA)

JudgeFurlong, C.J.N., Higgins and Noel, JJ.
CourtNewfoundland Court of Appeal
Case DateJanuary 28, 1974
JurisdictionNewfoundland and Labrador
Citations(1974), 6 Nfld. & P.E.I.R. 123 (NFCA)

R. v. Noseworthy (1974), 6 Nfld. & P.E.I.R. 123 (NFCA)

MLB headnote and full text

R. v. Noseworthy

Indexed As: R. v. Noseworthy

Newfoundland Supreme Court

On Appeal

Furlong, C.J.N., Higgins and Noel, JJ.

May 3, 1974.

Summary:

This case arose out of a charge of criminal negligence contrary to Section 203 of the Criminal Code and a charge of failing to remain at the scene of an accident contrary to Section 233(2) of the Criminal Code. The accused was driving a motor vehicle and pulled to his left to overtake another motor vehicle when he struck an oncoming motorcycle resulting in the death of two persons on the motorcycle. The accused was convicted at trial and sentenced to a term of imprisonment of 4 years on the charge of criminal negligence. In addition, the accused was sentenced to a term of imprisonment of one year on the charge of failing to remain at the scene of an accident.

On appeal to the Newfoundland Court of Appeal the appeal was dismissed and the convictions and the sentences were affirmed.

Criminal Law - Topic 5864

Sentence - Charge of criminal negligence - The Newfoundland Court of Appeal affirmed a sentence of imprisonment of 4 years - See paragraphs 1 and 8.

Criminal Law - Topic 5866

Sentence - Charge of leaving the scene of an accident the Newfoundland Court of Appeal affirmed a sentence of imprisonment of one year - See paragraphs 1 and 8.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 203, sect. 233(2).

Counsel:

Bruce Winsor, for the respondent;

Isaac Mercer, Q.C., for the appellant.

This case was heard by the Newfoundland Court of Appeal on January 28, 1974. Judgment was delivered on May 3, 1974.

The judgment of the court was delivered by Higgins, J.

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