R. v. R.M., (1989) 78 Nfld. & P.E.I.R. 140 (NFPC)

JudgeHyslop, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateAugust 18, 1989
JurisdictionNewfoundland and Labrador
Citations(1989), 78 Nfld. & P.E.I.R. 140 (NFPC)

R. v. R.M. (1989), 78 Nfld. & P.E.I.R. 140 (NFPC);

    244 A.P.R. 140

MLB headnote and full text

R. v. R.M.

Indexed As: R. v. R.M.

Newfoundland Provincial Court

St. John's

Hyslop, P.C.J.

August 18, 1989.

Summary:

The accused was convicted of one count of attempted sexual intercourse with his niece and four counts of indecent and sexual assault on two of his nieces.

The Newfoundland Provincial Court sentenced the accused to a total of 24 months' imprisonment plus three years' probation. The court also imposed a firearms prohibition order.

Criminal Law - Topic 5856

Sentence - Sexual assault - A first offender, now age 31, was convicted of one count of attempted sexual intercourse with his very youthful niece plus four counts of indecent and sexual assault involving fondling of the breast and vaginal area of this and another niece - The offences occurred over a seven year period - Breach of trust - Accused tried to undermine the self worth and self confidence of the victims by suggesting that if they told their parents, they would no longer be loved - Apparent lack of remorse - One month spent on remand - The Newfoundland Provincial Court sentenced the accused to a total of 24 months' imprisonment on the five counts, plus three years' probation.

Criminal Law - Topic 5932

Sentence - Indecent assault - [See Criminal Law - Topic 5856 above].

Cases Noticed:

R. v. Morrisette (1970), 1 C.C.C.(2d) 307 (Sask. C.A.), refd to. [para. 2].

R. v. Sullivan (1978), 15 Nfld. & P.E.I.R. 271; 38 A.P.R. 271 (Nfld. C.A.), refd to. [para. 2].

R. v. Johnas, Hammond, Morozoff, Jurgens, MacIntyre, Lodoen and Cardinal (1982), 41 A.R. 183; 3 C.C.C.(3d) 490 (C.A.), refd to. [para. 8].

R. v. Collins (1987), 62 Nfld. & P.E.I.R. 279; 190 A.P.R. 279 (Nfld. C.A.), consd. [para. 8].

R. v. Henein (1980), 53 C.C.C.(2d) 257 (Ont. C.A.), refd to. [para. 8].

R. v. Peckford (1989), 77 Nfld. & P.E.I.R. 1; 240 A.P.R. 1 (Nfld. C.A.), consd. [para. 10].

R. v. Bokskei (1970), 54 Crim. App. Rep. 519, refd to. [para. 12].

Counsel:

C. Knox, for the Crown;

J. Kennedy, for the defence.

This case was heard before Hyslop, P.C.J., of the Newfoundland Provincial Court, St. John's, whose decision was delivered on August 18, 1989.

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