R. v. Roberts (J.), (2016) 379 Nfld. & P.E.I.R. 349 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: December 14, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2016), 379 Nfld. & P.E.I.R. 349 (NLPC);2016 NLPC 1314

R. v. Roberts (J.) (2016), 379 Nfld. & P.E.I.R. 349 (NLPC);

    1176 A.P.R. 349

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. FE.015

Her Majesty the Queen v. Justin Roberts

(2016 NLPC 1314A00876)

Indexed As: R. v. Roberts (J.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

February 16, 2016.

Summary:

While wearing a mask and carrying a stick, the accused assaulted the complainant. The accused was charged with assault with a weapon (Criminal Code of Canada, section 267(a)). Near the completion of the Crown's case, he pleaded guilty to assault (s. 266(b)). He was remanded into custody on February 8, 2016, pending the imposition of sentence.

The Newfoundland and Labrador Provincial Court sentenced the accused to four months' incarceration, minus 12 days, to be followed by 12 months' probation. The court also imposed a $100 victim surcharge.

Criminal Law - Topic 5861

Sentence - Assault (incl. common) -While wearing a mask and carrying a stick, the accused assaulted the complainant - The accused was charged with assault with a weapon - Near the completion of the Crown's case, he pleaded guilty to assault - He was remanded into custody on February 8, 2016, pending the imposition of sentence on February 16, 2016 - 27 years old - Unemployed - Extensive criminal record with "a long standing history of violence" - The Newfoundland and Labrador Provincial Court sentenced the accused to four months' incarceration, minus 12 days, to be followed by 12 months' probation.

Counsel:

B. Duffy and A. Sparkes, Q.C., for Her Majesty the Queen;

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

This sentencing matter was heard on October 19 and December 14, 2015, at Corner Brook, N.L., by Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision on February 16, 2016.