R. v. Squires, (1975) 8 Nfld. & P.E.I.R. 103 (NFPC)

• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: June 03, 1975
• Jurisdiction: Newfoundland and Labrador
• Citations: (1975), 8 Nfld. & P.E.I.R. 103 (NFPC)

R. v. Squires (1975), 8 Nfld. & P.E.I.R. 103 (NFPC);

    8 A.P.R. 103

MLB headnote and full text

R. v. Squires

Indexed As: R. v. Squires

Newfoundland Provincial Court

Luther, Mag.

June 3, 1975.

Summary:

This case arose out of three charges of assault causing bodily harm contrary to section 245(2) of the Criminal Code of Canada and a charge of break and enter contrary to section 306(1)(a) of the Criminal Code of Canada. The accused pleaded guilty to the four charges.

The Newfoundland Provincial Court imposed a sentence of 10 years imprisonment with respect to the charge of break and enter and imposed a sentence of three years imprisonment for each of the charges of causing bodily harm, all sentences to run concurrently. The judgment of the Newfoundland Provincial Court was appealed to the Newfoundland Court of Appeal, the hearing on appeal will be held in October of 1975.

Criminal Law - Topic 5802

Sentencing - General principles - Concurrent sentences - The Newfoundland Provincial Court stated that concurrent sentences should be imposed if the offences formed a single transaction of events or one series of very closely related happenings - See paragraph 26.

Criminal Law - Topic 5851

Sentence - Charge of break and enter - Adult male with criminal record - The Newfoundland Provincial Court imposed a sentence of imprisonment of ten years.

Criminal Law - Topic 5883

Sentence - Charge of assault causing bodily harm - Adult male with criminal record - The Newfoundland Provincial Court imposed a sentence of imprisonment of three years.

Cases Noticed:

R. v. Warner, 7 Nfld. & P.E.I.R. 79, folld. [para. 4].

R. v. Grady (1971), 5 N.S.R.(2d) 264, folld. [para. 5].

R. v. Iwaniw, 32 C.R. 389, folld. [para. 5].

R. v. Thompson, 20 C.C.C.(2d) 100, folld. [para. 7].

R. v. Pye, 8 N.S.R.(2d) 427, folld. [para. 22].

R. v. Bagnell, 9 N.S.R.(2d) 351, folld. [para. 22].

R. v. Nutter, Collishaw and Dulong, 7 C.C.C.(2d) 224, folld. [para. 22].

R. v. Chisholm, [1965] 2 O.R. 612, folld. [para. 24].

R. v. Bossence, 16 C.R.N.S. 6, folld. [para. 25].

R. v. Robert, 16 C.R.N.S. 7, folld. [para. 25].

R. v. McCaw et al., 15 C.C.C.(2d) 321, folld. [para. 25].

R. v. Turner, 1 C.C.C.(2d) 293, folld. [para. 25].

Counsel:

Gilmour G. Sweezey, for the Crown;

James J. Smyth, for the accused.