R. v. Patey (T.J.), (2012) 327 Nfld. & P.E.I.R. 128 (NLTD(G))

JudgeSeaborn, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateAugust 20, 2012
JurisdictionNewfoundland and Labrador
Citations(2012), 327 Nfld. & P.E.I.R. 128 (NLTD(G))

R. v. Patey (T.J.) (2012), 327 Nfld. & P.E.I.R. 128 (NLTD(G));

    1015 A.P.R. 128

MLB headnote and full text

Temp. Cite: [2012] Nfld. & P.E.I.R. TBEd. SE.026

Her Majesty the Queen v. Todd Jeremiah Patey

(201104G0125; 2012 NLTD(G) 126)

Indexed As: R. v. Patey (T.J.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Seaborn, J.

September 14, 2012.

Summary:

The accused was charged with sexual assault on M.O. (count 1); touching for a sexual purpose K.L.L., a person under the age of 16 (count 2); sexual assault on K.L.L. (count 7); sexual assault on J.F. (count 3); touching for a sexual purpose J.F., a person under the age of 16 (count 5); sexual assault on J.B.F. (count 4); and touching for a sexual purpose J.B.F., a person under the age of 16 (count 6).

The Newfoundland and Labrador Supreme Court, Trial Division (General), in a decision reported at 324 Nfld. & P.E.I.R. 286; 1007 A.P.R. 286, found the accused guilty of counts 1, 3 and 5 and not guilty of counts 2, 4, 6 and 7. A stay was entered on count 5.

The Newfoundland and Labrador Supreme Court, Trial Division (General), found that the appropriate sentence for each offence was as follows: 1) count 1, sexual assault on M.O., three years; and 2) count 3, sexual assault on J.F., three years and six months. However, given that the accused had only one prior conviction on his criminal record, which was dated and minor in nature, and his age, 33 years, the court was satisfied the combined sentence was unduly long and harsh. Accordingly, applying the principle of totality, the court made the sentence for count 1 concurrent with the sentence for count 3 resulting in a total sentence of three years and six months' imprisonment. The court also issued the following orders: a 10 year firearm prohibition, a DNA order, a sex offender registration order and a prohibition order under ss. 161(1)(b) and (c) of the Criminal Code.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children (incl. child pornography) - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The accused was convicted of two counts of sexual assault; one involving M.O. (count 1) and the other J.F. (count 3) - At the time of the offences, the accused was 29 or 30 years of age, M.O. was 14 years of age and J.F. was 15 years of age - There were multiple sexual incidents between the accused and each victim, primarily involving sexual intercourse - Force was used during at least one incident of anal sex involving J.F. - The Newfoundland and Labrador Supreme Court, Trial Division (General), found that the appropriate sentence for each offence was as follows: 1) count 1, sexual assault on M.O., three years; and 2) count 3, sexual assault on J.F., three years and six months - However, given that the accused had only one prior conviction on his criminal record, which was dated and minor in nature, and his age, 33 years, the court was satisfied the combined sentence was unduly long and harsh - Accordingly, applying the principle of totality, the court made the sentence for count 1 concurrent with the sentence for count 3 resulting in a total sentence of three years and six months' imprisonment.

Cases Noticed:

R. v. Hutchings (R.) (2012), 316 Nfld. & P.E.I.R. 211; 982 A.P.R. 211; 2012 NLCA 2, refd to. [para. 11].

R. v. Atkins (K.J.) (1988), 69 Nfld. & P.E.I.R. 99; 211 A.P.R. 99 (Nfld. C.A.), refd to. [para. 12].

R. v. Barrett (A.W.) (2012), 324 Nfld. & P.E.I.R. 246; 1007 A.P.R. 246; 2012 NLCA 46, refd to. [para. 14, footnote 1].

R. v. L.F.W. (1997), 155 Nfld. & P.E.I.R. 115; 481 A.P.R. 115; 119 C.C.C.(3d) 97 (Nfld. C.A.), refd to. [para. 19].

R. v. Payne (L.M.) (2011), 309 Nfld. & P.E.I.R. 189; 962 A.P.R. 189; 2011 NLTD(G) 95, refd to. [Schedule A].

R. v. M.C. (2011), 314 Nfld. & P.E.I.R. 159; 977 A.P.R. 159; 2011 NLTD(G) 121, refd to. [Schedule A].

R. v. J.C.H. (2009), 292 Nfld. & P.E.I.R. 161; 902 A.P.R. 161; 2009 NLTD 177, refd to. [Schedule A].

R. v. Leigh, 2010 ONCJ 118, refd to. [Schedule A].

R. v. Bonnar (J.S.) (2004), 242 Nfld. & P.E.I.R. 214; 719 A.P.R. 214; 2004 NLSCTD 216, refd to. [Schedule A].

R. v. T.L.M. (2010), 298 Nfld. & P.E.I.R. 159; 921 A.P.R. 159; 2010 NLTD 51, refd to. [Schedule A].

R. v. D.C.M. (2010), 303 Nfld. & P.E.I.R. 178; 941 A.P.R. 178; 2010 NLTD(G) 178, refd to. [Schedule A].

R. v. E.P.B. (2003), 222 Nfld. & P.E.I.R. 281; 663 A.P.R. 281; 2003 NLSCTD 26, refd to. [Schedule A].

R. v. Tapper (G.) (2010), 297 Nfld. & P.E.I.R. 275; 918 A.P.R. 275; 2010 NLTD 42, refd to. [Schedule A].

R. v. T.W.G.L.K. (2012), 321 Nfld. & P.E.I.R. 1; 996 A.P.R. 1; 100 W.C.B.(2d) 489; 2012 NLTD (G) 52, refd to. [Schedule A].

R. v. Hammond (M.) (2011), 303 Nfld. & P.E.I.R. 221; 941 A.P.R. 221; 2011 NLTD(G) 8, refd to. [Schedule A].

Counsel:

Kari Ann Pike, for Her Majesty the Queen;

Sandi MacKinnon, for Todd Patey.

This sentencing hearing was heard at Corner Brook, NL, on August 20, 2012, by Seaborn, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following decision on September 14, 2012.

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