R. v. Oliver, (1981) 29 Nfld. & P.E.I.R. 443 (NFPC)

• Judge: Luther, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: January 16, 1981
• Jurisdiction: Newfoundland and Labrador
• Citations: (1981), 29 Nfld. & P.E.I.R. 443 (NFPC)

R. v. Oliver (1981), 29 Nfld. & P.E.I.R. 443 (NFPC);

    82 A.P.R. 443

MLB headnote and full text

R. v. Oliver

(No. 7896)

Indexed As: R. v. Oliver

Newfoundland Provincial Court

District of St. John's

Luther, P.C.J.

January 16, 1981.

Summary:

The accused was sentenced to six months imprisonment to be followed by two years probation with conditions, which were read to the accused by the trial court judge in court at the time of passing sentence. Crown counsel then requested that the Court, pursuant to s. 663(4)(c) of the Criminal Code, inform the accused then and there of the significance and consequence of being on probation. The Court declined to accede to the request, giving oral reasons.

In subsequent written reasons, the Newfoundland Provincial Court generally discussed the duty of the trial judge under s. 663(4) of the Criminal Code.

Criminal Law - Topic 5723

Punishments - Probation - Conditions - The Newfoundland Provincial Court generally discussed the duty of a trial judge under s. 663(4) of the Criminal Code to inform the accused, with respect to whom a probation order is made, of the significance and consequences of being on probation under the provisions of ss. 664(4) and 666 - See paragraphs 6 to 21.

Words and Phrases

Address - The Newfoundland Provincial Court discussed the meaning of the word "address" as contained in s. 469 of the Criminal Code, R.S.C. 1970, c. C-34, for the purpose of interpreting s. 664(3)(c) of the Criminal Code - See paragraphs 11 to 18.

Words and Phrases

Inform - The Newfoundland Provincial Court discussed the meaning of the word "inform" for the purpose of s. 664(3)(c) of the Criminal Code, R.S.C. 1970, c. C-34, - See paragraphs 11 to 18.

Cases Noticed:

R. v. Leguilloux, 51 C.C.C.(2d) 99 (B.C.C.A.), consd. [paras. 3, 5].

R. v. Lebeouf, 8 C.R.(3d) S-30, consd. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 663(4)(c) [paras. 3 to 20]; sect. 469 [para. 11].

Authors and Works Noticed:

Probation Orders Under the Criminal Code, 38 C.R.N.S. 165, pp. 181-185 [para. 24].

Counsel:

David C. Day, Q.C., for the Crown;

The defendant was unrepresented.

This case was heard before LUTHER, P.C.J., of the Newfoundland Provincial Court, District of St. John's.

The judgment of LUTHER, P.C.J., was delivered on January 16, 1981: