R. v. Savidant, (1990) 83 Nfld. & P.E.I.R. 218 (PEITD)

• Judge: Matheson, J.
• Case Date: May 04, 1990
• Jurisdiction: Prince Edward Island
• Citations: (1990), 83 Nfld. & P.E.I.R. 218 (PEITD)

R. v. Savidant (1990), 83 Nfld. & P.E.I.R. 218 (PEITD);

    260 A.P.R. 218

MLB headnote and full text

R. v. Allan Patrick Savidant

(No. GSC-9377)

Indexed As: R. v. Savidant

Prince Edward Island Supreme Court

Trial Division

Matheson, J.

May 4, 1990.

Summary:

The accused young man was charged with several offences of threats and assaults over a period of one year respecting a woman with whom he had a relationship. He pleaded guilty to seven counts of uttering threats of death, one count of uttering a threat to cause serious bodily harm, two counts of assault and one count of failure to comply with an undertaking.

The Prince Edward Island Supreme Court, Trial Division, sentenced him to a total of 12 months' imprisonment plus two years' probation.

Criminal Law - Topic 5802.1

Sentencing - Concurrent sentences - Reduced term - [See Criminal Law 5895].

Criminal Law - Topic 5804

Sentencing - Consecutive sentences - Reduced total term - [See Criminal Law - Topic 5895].

Criminal Law - Topic 5817

Sentencing - Sentencing procedure and rights of accused - Evidence - General - The Prince Edward Island Supreme Court, Trial Division, stated that although the facts of a crime must be admitted or proved on sentencing, strict rules of evidence did not apply and hearsay evidence was admissible in the court's discretion - See paragraphs 2 to 8.

Criminal Law - Topic 5823.1

Sentencing - Sentencing procedure and rights of accused - Role of defence counsel - [See Criminal Law - Topic 5823].

Criminal Law - Topic 5823

Sentencing - Sentencing procedure and rights of accused - Role of the Crown - The Prince Edward Island Supreme Court, Trial Division, generally discussed the role and duties of counsel for the Crown and the defence on sentencing - See paragraphs 2 to 8.

Criminal Law - Topic 5830

Sentencing - Considerations - General - The Prince Edward Island Supreme Court, Trial Division, set out the considerations on sentencing - See paragraph 14.

Criminal Law - Topic 5833

Sentencing - Considerations - Deterrence - [See Criminal Law - Topic 5895].

Criminal Law - Topic 5834.2

Sentencing - Considerations - Effect on victim - The Prince Edward Island Supreme Court, Trial Division, in sentencing an accused for death threats and assault considered the adverse psychological effects on the victim - See paragraphs 11 to 12.

Criminal Law - Topic 5848.2

Sentencing - Considerations - Time already served - The Prince Edward Island Supreme Court, Trial Division, considered time already served in sentencing an accused, but did not give him credit for double the time already served - See paragraph 22.

Criminal Law - Topic 5849.6

Sentencing - Considerations - Prohibited or improper considerations - Public opinion - The Prince Edward Island Supreme Court, Trial Division, stated that a sentencing court should not be influenced by public opinion or outrage - See paragraph 8.

Criminal Law - Topic 5861

Sentence - Assault - [See Criminal Law - Topic 5895].

Criminal Law - Topic 5892

Sentencing - Breach of recognizance or undertaking - [See Criminal Law - Topic 5895].

Criminal Law - Topic 5895

Sentence - Threats - For one year the accused threatened and harassed a woman with whom he had had a relationship - He pleaded guilty to seven counts of uttering death threats, one count of threatening bodily harm, two counts of assault and one count of failure to comply with an undertaking - The accused had alcohol and drug problems - Undergoing counselling for abusive behaviour when offences occurred - The Prince Edward Island Supreme Court, Trial Division, stressed deterrence in sentencing the accused to nine months' concurrent imprisonment on each threat count, three months' concurrent imprisonment on the assault charges to be served consecutively to the threat sentences and one month concurrent imprisonment for breach of undertaking for a total of 12 months' imprisonment plus two years' probation.

Cases Noticed:

R. v. Simoneau (1978), 40 C.C.C.(2d) 307, appld. [para. 3].

R. v. Gardiner, [1982] 2 S.C.R. 368; 43 N.R. 361; 68 C.C.C.(2d) 477, appld. [para. 4].

R. v. Knockhaert (1982), 16 Man.R.(2d) 313, appld. [para. 8].

R. v. Willaert (1958), 16 C.R. 138, appld. [para. 13].

R. v. James (1971), 1 Nfld. & P.E.I.R. 398, appld. [para. 14].

R. v. Arsenault (1981), 30 Nfld. & P.E.I.R. 489; 84 A.P.R. 489, appld. [para. 14].

R. v. A.M.M. (1990), 80 Nfld. & P.E.I.R. 288; 249 A.P.R. 288, consd. [para. 14].

R. v. Butler and Sampson (1983), 59 N.S.R.(2d) 87; 125 A.P.R. 87, consd. [para. 17].

R. v. Haines (1975), 29 C.R.N.S. 239, consd. [para. 18].

R. v. Newman (1977), 22 N.S.R.(2d) 488; 31 A.P.R. 488, appld. [para. 19].

R. v. Martel (Kurt) (1986), 61 Nfld. & P.E.I.R. 230; 185 A.P.R. 230, consd. [para. 20].

R. v. Chaisson (1989), 79 Nfld. & P.E.I.R. 52; 246 A.P.R. 52, dist. [para. 22].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 145(3)(a), sect. 226(a), sect. 264.1(1)(a) [para. 1]; sect. 717(4)(c) [para. 16].

Counsel:

Richard B. Hubley, Q.C., for the Crown;

Paul H. Beauregard, for the accused.

This case was heard on April 10 and 25, 1990, at Charlottetown, Prince Edward Island, before Matheson, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following oral judgment on May 4, 1990: