R. v. Ryan (D.), (2014) 347 Nfld. & P.E.I.R. 309 (NLTD(G))

• Judge: Faour, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: March 13, 2014
• Jurisdiction: Newfoundland and Labrador
• Citations: (2014), 347 Nfld. & P.E.I.R. 309 (NLTD(G))

R. v. Ryan (D.) (2014), 347 Nfld. & P.E.I.R. 309 (NLTD(G));

    1080 A.P.R. 309

MLB headnote and full text

Temp. Cite: [2014] Nfld. & P.E.I.R. TBEd. AP.021

Her Majesty the Queen v. David Ryan

(200601T1043; 2014 NLTD(G) 37)

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

Newfoundland and Labrador Supreme Court

Trial Division (General)

Faour, J.

April 7, 2014.

Summary:

The accused was convicted of second degree murder and sentenced to life imprisonment (see 260 Nfld. & P.E.I.R. 145; 817 A.P.R. 145). On appeal a new trial was ordered (see 318 Nfld. & P.E.I.R. 15; 989 A.P.R. 15). The accused was released on bail pending his second trial. His total time in custody was six years, seven months and 29 days. With credit for remand time and remission credits, his effective sentence was either 11 years, six months and 12 days or 13 years and 25 days, depending on whether he was given 1.5 or 2 times credit for remand time. Prior to the commencement of the second trial, the accused pleaded guilty to manslaughter. A joint submission recommended a sentence equivalent to the time already served.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to time served. The court also imposed a lifetime weapons prohibition and a DNA order.

Criminal Law - Topic 5848.2

Sentencing - Considerations in imposing sentence - Time already served (incl. bail) - The accused was convicted of second degree murder and sentenced to life imprisonment - On appeal a new trial was ordered - He was released on bail pending his second trial - His total time in custody was six years, seven months and 29 days - The now 54 year old accused pleaded guilty to manslaughter - When the offence was committed, he was 46 years old - After a long period of sobriety, he had consumed excessive alcohol and drugs - While his judgment was clouded, he and a minor (BK), urged by Wheadon, participated in three distinct assaults on the victim within several hours - The blows struck by the accused were less numerous and of a lesser force than those struck by BK - The victim died in hospital from blunt force trauma and subdural hematoma - The accused had a criminal record, including a manslaughter conviction, most of which was either related to alcohol consumption or fueled by alcohol - He apologized - BK received the maximum sentence for a minor (three years' incarceration) - Wheadon received a conditional sentence of two years less day - A joint submission recommended a sentence equivalent to time served - The Newfoundland and Labrador Supreme Court, Trial Division (General), concluded that an appropriate sentence was in the six to 12 years range - When credit for remand time and statutory remission was considered, the accused had effectively served between 11 and 13 years, depending on whether he was given 1.5 or 2 times credit for remand time - That was not unreasonable or contrary to the public interest - Accordingly, the court accepted the joint submission - The court also imposed a lifetime weapons prohibition and a DNA order.

Criminal Law - Topic 5882

Sentence - Manslaughter - [See Criminal Law - Topic 5848.2 ].

Cases Noticed:

R. v. Druken (J.K.) (2005), 252 Nfld. & P.E.I.R. 314; 756 A.P.R. 314; 2005 CarswellNfld 341; 2005 NLTD 209, refd to. [para. 32].

R. v. Snelgrove (F.D.) (1997), 155 Nfld. & P.E.I.R. 1; 481 A.P.R. 1; 1977 CarswellNfld 146 (C.A.), refd to. [para. 32].

R. v. Williams, [1979] N.J. No. 52 (C.A.), refd to. [para. 32].

R. v. Fowler (1984), 48 Nfld. & P.E.I.R. 175; 142 A.P.R. 175; 1984 CarswellNfld 56, refd to. [para. 32].

R. v. Kittle (P.M.) (1996), 142 Nfld. & P.E.I.R. 87; 445 A.P.R. 87; 1996 CarswellNfld 329 (C.A.), refd to. [para. 32].

R. v. Osmond (J.P.) (1996), 140 Nfld. & P.E.I.R. 123; 438 A.P.R. 123; 1996 CarswellNfld 99 (T.D.), refd to. [para. 32].

R. v. Canning (C.) (1996), 148 Nfld. & P.E.I.R. 1; 464 A.P.R. 1; 1996 CarswellNfld 312 (T.D.), refd to. [para. 32].

R. v. Lockyer (D.L.) (2000), 195 Nfld. & P.E.I.R. 1; 586 A.P.R. 1; 2000 CarswellNfld 311; 2000 NFCA 59, refd to. [para. 32].

R. v. Cuff (M.N.) (2003), 224 Nfld. & P.E.I.R. 322; 669 A.P.R. 322; 2003 CarswellNfld 91; 2003 NLSCTD 49, refd to. [para. 32].

R. v. Druken (J.K.) (2006), 261 Nfld. & P.E.I.R. 271; 790 A.P.R. 271; 2006 CarswellNfld 319; 2006 NLCA 67, refd to. [para. 33].

R. v. Abel (L.J.) (2012), 318 Nfld. & P.E.I.R. 145; 989 A.P.R. 145; 2012 CarswellNfld 75; 2012 NLTD(G) 27, refd to. [para. 33].

R. v. S.K.M. (1980), 40 N.S.R.(2d) 616; 73 A.P.R. 616; 1980 CarswellNS 198 (C.A.), refd to. [para. 34].

R. v. Firth (1983), 52 A.R. 311; 1983 CarswellNWT 53 (S.C.), refd to. [para. 34].

R. v. Isaacs, 1992 CarswellOnt 2741 (C.A.), refd to. [para. 34].

R. v. Nienhuis (1991), 117 A.R. 253; 2 W.A.C. 253; 1991 CarswellAlta 622 (C.A.), refd to. [para. 34].

R. v. Dubasz (W.J.) (1995), 165 A.R. 399; 89 W.A.C. 399; 1995 CarswellAlta 561 (C.A.), refd to. [para. 34].

R. v. Wisdom (C.) (1996), 75 B.C.A.C. 231; 123 W.A.C. 231; 1996 CarswellBC 730 (C.A.), refd to. [para. 34].

R. v. Walcot (M.F.) (2001), 152 B.C.A.C. 200; 250 W.A.C. 200; 2001 CarswellBC 962; 2001 BCCA 342, refd to. [para. 34].

R. v. Donovan (B.) (2004), 272 N.B.R.(2d) 279; 715 A.P.R. 279; 2004 CarswellNB 370; 2004 NBCA 55, refd to. [para. 34].

R. v. Henderson (E.) (2005), 207 B.C.A.C. 14; 341 W.A.C. 14; 2005 CarswellBC 3; 2005 BCCA 3, refd to. [para. 34].

R. v. Reed (G.), 2013 CarswellOnt 11042; 2013 ONSC 4247, refd to. [para. 34].

R. v. White (N.) (2013), 335 N.S.R.(2d) 335; 1060 A.P.R. 335; 2013 CarswellNS 758; 2013 NSSC 323, refd to. [para. 34].

R. v. Morina (A.) (1996), 4 O.T.C. 241; 1996 CarswellOnt 1662 (Gen. Div.), refd to. [para. 36].

Counsel:

Vikas Khaladkar and Michael G. Murray, for the Crown;

Robert W. Buckingham and John D. Brooks, Q.C., for the accused.

This matter was heard at St. John's, N.L., on March 13, 2014, by Faour, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment on April 7, 2014.