R. v. Squires (E.D.), (2015) 362 Nfld. & P.E.I.R. 71 (NLTD(G))

• Judge: Hall, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: January 15, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 362 Nfld. & P.E.I.R. 71 (NLTD(G))

R. v. Squires (E.D.) (2015), 362 Nfld. & P.E.I.R. 71 (NLTD(G));

    1125 A.P.R. 71

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JA.022

Her Majesty The Queen v. Eric Douglas Squires

(201401G1609; 2015 NLTD(G) 5)

Indexed As: R. v. Squires (E.D.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Hall, J.

January 26, 2015.

Summary:

The accused and a co-accused robbed a commercial premise while masked and armed with a knife. A witness at the scene was threatened. The accused was convicted of robbery, being masked while committing an indictable offence, possession of a weapon (knife), uttering a threat to cause death or bodily harm, breach of recognizance and breach of probation.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to 5.5 years' imprisonment for robbery, one year's imprisonment for being masked (concurrent), one year's imprisonment for possession of a weapon (concurrent), one year's imprisonment for uttering a threat (concurrent), six months' imprisonment for breaching a recognizance (concurrent) and six months' imprisonment for breach of probation (concurrent). The accused was given 733 days' credit for 455 days on consent remand (1.5 to 1.0 basis).

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5806

Sentencing - General - Co-accused - Sentence parity - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5855

Sentence - Robbery - The accused and a co-accused robbed a commercial premise while masked and armed with a knife - A witness at the scene was threatened - The accused was convicted of robbery, being masked while committing an indictable offence, possession of a weapon (knife), uttering a threat to cause death or bodily harm, breach of recognizance and breach of probation - The accused was on probation - He had a lengthy criminal record dating between 1994 and 2012, including 21 break and enters, eight thefts, 15 failures to appear, three possession of stolen property, one uttering a threat, and seven breaches of undertakings or recognizances - There were no mitigating factors - The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to 5.5 years' imprisonment for robbery, one year's imprisonment for being masked, one year's imprisonment for possession of a weapon, one year's imprisonment for uttering a threat, six months' imprisonment for breaching a recognizance and six months' imprisonment for breach of probation - Applying the totality principle, all of the one year and six month sentences were concurrent to the 5.5 year robbery sentence - The co-accused had pleaded guilty to similar offences and had been sentenced to a total of three years' imprisonment - The court held that the accused's 5.5 year sentence did not offend the parity principle, where the co-accused pleaded guilty, had a considerably less serious criminal record, and there were mitigating factors that did not apply to the accused.

Criminal Law - Topic 5871

Sentencing - Possession and use or sale of weapons - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5895

Sentence - Threats - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5898

Sentence - Breach of probation - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5935

Sentence - Disguise with intent - [See Criminal Law - Topic 5855 ].

Cases Noticed:

R. v. Hennessey, 1986 CarswellNfld 355 (C.A.), refd to. [para. 4].

R. v. Murrin (1980), 27 Nfld. & P.E.I.R. 9; 74 A.P.R. 9 (Nfld. C.A.), refd to. [para. 7].

R. v. Power (A.M.) (2007), 273 Nfld. & P.E.I.R. 88; 833 A.P.R. 88; 2008 NLTD 8, refd to. [para. 9].

R. v. O'Brien (M.D.) (2011), 309 N.S.R.(2d) 390; 979 A.P.R. 390; 2011 NSCA 112, refd to. [para. 13].

R. v. Marr (J.E.) (2004), 272 N.B.R.(2d) 201; 715 A.P.R. 201; 2004 NBQB 161, refd to. [para. 14].

R. v. Hunt (N.R.) (2007), 273 Nfld. & P.E.I.R. 308; 833 A.P.R. 308; 2007 NLTD 204, refd to. [para. 16].

R. v. Hutchings (R.) (2012), 316 Nfld. & P.E.I.R. 211; 982 A.P.R. 211; 2012 NLCA 2, refd to. [para. 21].

R. v. Crocker (B.J.) (1991), 93 Nfld. & P.E.I.R. 222; 292 A.P.R. 222; 14 W.C.B.(2d) 502 (Nfld. C.A.), refd to. [para. 23].

Counsel:

Jennifer M. Colford, for the Crown;

Kenneth M. Hollett, for the accused.

This matter was heard on December 8-11 and 19, 2014, and January 15, 2015, at St. John's, NL, before Hall, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment orally on January 26, 2015.