R. v. Noseworthy (J.),

• Jurisdiction: Prince Edward Island
• Judge: MacDonald
• Neutral Citation: 2001 PESCTD 7
• Citation: 2001 PESCTD 7,(2001), 197 Nfld. & P.E.I.R. 306 (PEITD),197 Nfld & PEIR 306,(2001), 197 Nfld & PEIR 306 (PEITD),197 Nfld. & P.E.I.R. 306
• Date: 13 December 2000

R. v. Noseworthy (J.) (2001), 197 Nfld. & P.E.I.R. 306 (PEITD);

    591 A.P.R. 306

MLB headnote and full text

Temp. Cite: [2001] Nfld. & P.E.I.R. TBEd. JA.031

Her Majesty The Queen v. James Noseworthy

(S-1-GC-56; 2001 PESCTD 7)

Indexed As: R. v. Noseworthy (J.)

Prince Edward Island Supreme Court

Trial Division

MacDonald, C.J.T.D.

January 12, 2001.

Summary:

The accused pleaded guilty to two charges of arson in relation to two barns and a tobacco harvester.

The Prince Edward Island Supreme Court, Trial Division, giving 10 months credit for five months already spent in custody, sen­tenced the accused to 14 months' imprison­ment and three years of probation. The court also made a compensation order in the amount of $29,892.92.

Criminal Law - Topic 5639

Punishments (sentence) - Fines, penalties and compensation orders - Compensation order - Circumstances when order should be refused - The accused pleaded guilty to charges of arson in relation to two barns and a tobacco harvester in August 2000 - The victims requested a compensation order - Part of the claim was for loss of use of one of the destroyed barns - The victims had leased the barn for five years and intended to use it to cure tobacco - They did not grow tobacco in 2000 and whether they would grow tobacco in any particular year depended on market condi­tions - The Prince Edward Island Supreme Court, Trial Division, stated that it could not make any compensation order for loss of use of the barn - If the victims had any loss in the future they could sue civilly - The court also declined to make a compen­sation order for the loss of the barn at $55,000, the owner's estimate to replace the barn - More detailed evidence was necessary to establish the loss - The court made a compensation order in the amount of $29,892.92 for losses accepted by the accused - See paragraphs 19 to 22.

Criminal Law - Topic 5867

Sentence - Arson - The accused pleaded guilty to two charges of arson in relation to two barns and a tobacco harvester - The fires were acts of revenge against the accused's former employers - The accused was 43 years old - He had a nonrelated criminal record, most of which apparently related to his marriage breakup - The accused confessed at an early stage and expressed remorse - The Prince Edward Island Supreme Court, Trial Division, giving 10 months credit for five months already spent in custody, sentenced the accused to 14 months' imprisonment and three years of probation - The court also made a compensation order in the amount of $29,892.92.

Cases Noticed:

R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 140 C.C.C.(3d) 449 (S.C.C.), refd to. [para. 10].

R. v. Wattenberger (1984), 56 A.R. 238 (C.A.), refd to. [para. 16].

R. v. Middleton (J.H.) (1998), 168 Sask.R. 237; 173 W.A.C. 237 (C.A.), refd to. [para. 16].

R. v. Allard (T.G.) (1999), 130 B.C.A.C. 6; 211 W.A.C. 6 (C.A.), refd to. [para. 16].

R. v. Engler (1994), 24 W.C.B.(2d) 557 (B.C.C.A.), refd to. [para. 17].

R. v. Quiron (1993), 20 W.C.B.(2d) 249 (Que. C.A.), refd to. [para. 17].

R. v. Thurston (D.T.) (1994), 149 A.R. 226; 63 W.A.C. 226; 23 W.C.B.(2d) 599 (C.A.), refd to. [para. 17].

R. v. Hoyt (L.K.) (1992), 19 B.C.A.C. 231; 34 W.A.C. 231; 77 C.C.C.(3d) 289 (C.A.), refd to. [para. 19].

Counsel:

Barrie L. Grandy, Q.C., for the Crown;

W. Kent Brown, Q.C., for the accused.

This matter was heard on September 15, November 6 and December 13, 2000, and January 10, 2001, at Charlottetown, P.E.I., before MacDonald, C.J.T.D., of the Prince Edward Island Supreme Court, Trial Divi­sion, who delivered the following judgment on January 12, 2001.