R. v. Perry (R.B.), (1990) 87 Nfld. & P.E.I.R. 169 (NFPC)

• Judge: Hyslop, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: December 05, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 87 Nfld. & P.E.I.R. 169 (NFPC)

R. v. Perry (R.B.) (1990), 87 Nfld. & P.E.I.R. 169 (NFPC);

    271 A.P.R. 169

MLB headnote and full text

R. v. Robert Bruce Perry

Indexed As: R. v. Perry (R.B.)

Newfoundland Provincial Court

District of Gander

Hyslop, P.C.J.

December 5, 1990.

Summary:

The accused pleaded guilty to a charge of sexual assault. The Newfoundland Provincial Court sentenced him accordingly.

Criminal Law - Topic 5932

Sentence - Sexual assault - The 26 year old corporal in the Armed Forces while very drunk committed fellatio on a sleeping fellow soldier - He stopped when the soldier awoke and told him to - He was an alcoholic and the charge caused him to rehabilitate himself - Good antecedents and prospects - First offender - Guilty plea - The Newfoundland Provincial Court sentenced the accused to one month imprisonment plus a victim fine surcharge of $35.00 and three years' probation.

Cases Noticed:

R. v. Willaert (1953), 105 C.C.C. 172 (Ont. C.A.), appld. [para. 11].

R. v. Morrissette (1970), 1 C.C.C.(2d) 307 (Sask. C.A.), appld. [para. 19].

R. v. Sargeant (1974), 60 Cr. App. Rep. 74 (C.A.), consd. [para. 23].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 271(1)(b).

Counsel:

Paul Malone, for the Crown;

Archibald Bonnell, for the accused.

This case was heard at Gander, Newfoundland, before Hyslop, P.C.J., of the Newfoundland Provincial Court, District of Gander, who delivered the following oral judgment on December 5, 1990: