R. v. Rowlands (D.), (2015) 367 Nfld. & P.E.I.R. 308 (NLTD(G))

• Judge: Handrigan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: May 29, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 367 Nfld. & P.E.I.R. 308 (NLTD(G))

R. v. Rowlands (D.) (2015), 367 Nfld. & P.E.I.R. 308 (NLTD(G));

    1147 A.P.R. 308

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JN.011

Her Majesty the Queen v. Darren Rowlands

(201406G0155; 2015 NLTD(G) 75)

Indexed As: R. v. Rowlands (D.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Handrigan, J.

May 29, 2015.

Summary:

The accused was found guilty of (1) breaking and entering a dwelling house and committing a sexual assault and (2) sexual assault.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to 12 months' imprisonment for each of the offences, to be served concurrently with each other, followed by two years' probation and ancillary orders.

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 5851

Sentence - Break and enter - The accused was found guilty of (1) breaking and entering a dwelling house and committing a sexual assault and (2) sexual assault - The accused entered C.P.'s residence without her permission or consent, most likely through an unlocked door - He approached C.P. in her bedroom, woke her up by calling her name and tried to kiss her - The accused came towards C.P. again with his arms extended and saying he wanted to hug her, just before he left the house - C.P. did not invite or consent to the accused's actions and they violated her sexual integrity - The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to 12 months' imprisonment for each of the offences, to be served concurrently with each other, followed by two years' probation and ancillary orders - The accused was 22 years old, worked full time (good work record) and had no criminal record - He denied the offences and showed no remorse and used drugs and alcohol excessively - The accused's actions affected C.P. profoundly and violated the sanctity of her home.

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5851 ].

Cases Noticed:

R. v. Lea (J.R.) (2005), 248 Nfld. & P.E.I.R. 1; 741 A.P.R. 1; 2005 PESCAD 15, refd to. [para. 24].

R. v. Roul (S.P.C.) (2014), 346 Nfld. & P.E.I.R. 167; 1078 A.P.R. 167; 2014 CarswellNfld 47 (Prov. Ct.), refd to. [para. 26].

R. v. Atkins (K.J.) (1988), 69 Nfld. & P.E.I.R. 99; 211 A.P.R. 99 (Nfld. C.A.), refd to. [para. 27].

Counsel:

Alison Manning, for the Crown;

Renee Appleby, for the accused.

This case was heard at Grand Bank, N.L., on February 16 and 17, 2015, by Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment on May 29, 2015.