R. v. Roberts (F.B.), (2013) 338 Nfld. & P.E.I.R. 116 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: June 07, 2013
• Jurisdiction: Newfoundland and Labrador
• Citations: (2013), 338 Nfld. & P.E.I.R. 116 (NLPC)

R. v. Roberts (F.B.) (2013), 338 Nfld. & P.E.I.R. 116 (NLPC);

    1049 A.P.R. 116

MLB headnote and full text

Temp. Cite: [2013] Nfld. & P.E.I.R. TBEd. JN.027

Her Majesty the Queen v. Francis Brian Roberts

(2013 PCNL 1312A00296)

Indexed As: R. v. Roberts (F.B.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

June 19, 2013.

Summary:

The accused pled guilty to charges of theft, possession of stolen goods, making a false document and forgery.

The Newfoundland and Labrador Provincial Court concluded that despite the accused's related criminal record this was an appropriate case for sentence to be suspended because of the significant steps the accused had taken toward promoting his rehabilitation. Thus, sentence was suspended and the accused was placed on probation for 12 months.

Criminal Law - Topic 5704

Punishments (sentence) - Suspended sentence - Circumstances when appropriate - [See Criminal Law - Topic 5876 ].

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5876 ].

Criminal Law - Topic 5849.16

Sentencing - Considerations on imposing sentence - Addicts - [See Criminal Law - Topic 5876 ].

Criminal Law - Topic 5854

Sentence - Theft - [See Criminal Law - Topic 5876 ].

Criminal Law - Topic 5862

Sentence - Possession of stolen goods or goods obtained by crime - [See Criminal Law - Topic 5876 ].

Criminal Law - Topic 5876

Sentence - Forgery - On July 23, 2011, the accused received a government cheque in the mail (in the amount of $96.50) which had been issued to another person who lived at the address in which the accused was residing - The accused was behind in his rent - He gave the cheque to his landlady, who cashed it - On April 28, 2012, the accused and his former partner entered the locker room of a gym - They stole a number of items belonging to Layden, including a key chain, a wallet and a cellular telephone - The accused pled guilty to charges of theft, possession of stolen goods, making a false document and forgery - He was 37 years old - He had four prior convictions between 1995 and 2007, which included convictions for theft and possession of stolen goods - He had had long standing addiction issues - He was enrolled in a methadone program and an adult basic education program - The pre-sentence report indicated that he had taken "action to address his risk factors" and had made "a commitment to the Methadone Program and recovery" - The Newfoundland and Labrador Provincial Court concluded that despite the accused's related criminal record this was an appropriate case for sentence to be suspended because of the significant steps the accused had taken toward promoting his rehabilitation - Thus, sentence was suspended and the accused was placed on probation for 12 months.

Cases Noticed:

R. v. Lundrigan (D.A.) (2012), 324 Nfld. & P.E.I.R. 270; 1007 A.P.R. 270; 2012 NLCA 43, refd to. [para. 4].

R. v. Webber (C.G.), [2013] A.R. Uned. 125; 2013 ABCA 189, refd to. [para. 11].

R. v. Knott (D.W.) et al. (2012), 433 N.R. 38; 324 B.C.A.C. 1; 551 W.A.C. 1; 2012 SCC 42, refd to. [para. 11].

R. v. James (G.M.) (2013), 288 Man.R.(2d) 269; 564 W.A.C. 269; 2013 MBCA 14, refd to. [para. 14].

R. v. Briand (R.) et al. (2010), 302 Nfld. & P.E.I.R. 67; 938 A.P.R. 67; 2010 NLCA 67, refd to. [para. 15].

R. v. Oake (B.) (2010), 296 Nfld. & P.E.I.R. 79; 915 A.P.R. 79; 2010 NLCA 19, refd to. [para. 19].

R. v. Fitzpatrick, [2010] N.J. No. 238 (Prov. Ct.), refd to. [para. 21].

R. v. Bell, [2011] N.J. No. 108 (Prov. Ct.), refd to. [para. 21].

R. v. Delaney (B.), [2012] Nfld. & P.E.I.R. Uned. 83 (N.L. Prov. Ct.), refd to. [para. 21].

R. v. Crocker (E.S.V.) (2013), 332 Nfld. & P.E.I.R. 325; 1030 A.P.R. 325; 2013 NLTD(G) 1, refd to. [para. 21].

R. v. Prowse (J.) (1998), 168 Nfld. & P.E.I.R. 289; 517 A.P.R. 289 (Nfld. C.A.), refd to. [para. 22].

R. v. Hoyles (P.J.E.) (2011), 313 Nfld. & P.E.I.R. 237; 974 A.P.R. 237 (N.L. Prov. Ct.), refd to. [para. 22].

R. v. Saunders (S.) (2011), 314 Nfld. & P.E.I.R. 205; 977 A.P.R. 205 (N.L. Prov. Ct.), refd to. [para. 22].

R. v. C.C. (2012), 322 Nfld. & P.E.I.R. 77; 1000 A.P.R. 77 (N.L. Prov. Ct.), refd to. [para. 22].

R. v. Reid (K.D.) (2012), 324 Nfld. & P.E.I.R. 351; 1007 A.P.R. 351 (N.L. Prov. Ct.), refd to. [para. 22].

R. v. Davis (M.R.) (2013), 337 Nfld. & P.E.I.R. 91; 1047 A.P.R. 91 (N.L. Prov. Ct.), refd to. [para. 22].

R. v. Hiscoe (J.S.) (2013), 328 N.S.R.(2d) 381; 1039 A.P.R. 381; 2013 NSCA 48, refd to. [para. 23].

Counsel:

E. Ring, for Her Majesty the Queen;

G. Kearney, Q.C., for Mr. Roberts.

This matter was heard on June 7, 2013, at Corner Brook, N.L., before Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision on June 19, 2013.