R. v. Styles (G.R.), (2000) 189 Nfld. & P.E.I.R. 116 (NFTD)

• Judge: Dunn, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: March 16, 2000
• Jurisdiction: Newfoundland and Labrador
• Citations: (2000), 189 Nfld. & P.E.I.R. 116 (NFTD)

R. v. Styles (G.R.) (2000), 189 Nfld. & P.E.I.R. 116 (NFTD);

    571 A.P.R. 116

MLB headnote and full text

Temp. Cite: [2000] Nfld. & P.E.I.R. TBEd. AP.011

Gary Robert Styles (appellant) v. Her Majesty The Queen (respondent)

(1999 St.J. No. 0351)

Indexed As: R. v. Styles (G.R.)

Newfoundland Supreme Court

Trial Division

Dunn, J.

March 16, 2000.

Summary:

The accused police officer was convicted of uttering a threat to cause death and seri­ous bodily harm and assaulting an 11 year old boy who had pushed the accused's son off a bridge into water. The accused received a suspended sentence and was placed on probation for two years. The accused appealed his conviction and sentence.

The Newfoundland Supreme Court, Trial Division, dismissed the appeals.

Criminal Law - Topic 229

Statutory defences or exceptions - Persons acting under authority (s. 25) - [See Crim­inal Law - Topic 1423 ].

Criminal Law - Topic 232

Statutory defences or exceptions - Justifi­cation of force to prevent crime - [See Criminal Law - Topic 1423 ].

Criminal Law - Topic 1423

Offences against person and reputation - Assaults - Defence - Defence of others - The accused police officer witnessed a boy (11) push the accused's developmentally delayed son off a bridge into water - The accused grabbed the boy, hauled him away from the area and pushed him into a seated position on a rock - The boy's neck had welts and his tail bone was sore the next day - The accused appealed his assault conviction arguing that the trial judge failed to properly consider that he was acting in his capacity as a police officer to prevent the continuation of an offence (Criminal Code, ss. 25, 27) and defending his son (Criminal Code, s. 37) - The New­foundland Supreme Court, Trial Division, rejected the argument - When the accused exerted the force upon the boy, the accused was neither defending himself or his son and there was no suggestion of a future commission of an offence - The accused's actions were not reasonably necessary in the circumstances - See paragraphs 26 to 30.

Criminal Law - Topic 1563

Offences against person and reputation - Threats - Threats to kill - The accused police officer witnessed a boy (11) push the accused's developmentally delayed son off a bridge into water - The accused grabbed the boy, hauled him away from the area and pushed him into a seated position on a rock - When the boy asked what the accused was going to do him, the accused allegedly responded that he had not decided whether he was going drown or kill the boy - The accused appealed his conviction of, inter alia, uttering a threat to cause death and serious bodily harm, argu­ing that the trial judge erred in finding that any words spoken by the accused consti­tuted threats and were intended as such - The Newfoundland Supreme Court, Trial Division, dismissed the appeal - See para­graphs 18 to 25.

Criminal Law - Topic 1567

Offences against person and reputation - Threats - Threat to cause serious bodily harm - [See Criminal Law - Topic 1563 ].

Criminal Law - Topic 4430

Procedure - Verdicts, discharges and dis­missals - Absolute discharge in lieu of conviction - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5841.2

Sentencing - Considerations on imposing sentence - Employment of accused - [See Criminal Law - Topic 5861 ].

Criminal Law - Topic 5861

Sentence - Assault - Accused police officer (17 year veteran) witnessed a boy (11) push the accused's developmentally delayed son off a bridge into water - Accused grabbed the boy and pushed him into a seated position on a rock - Boy's neck had welts and his tail bone was sore -Accused convicted of uttering a threat to cause death and serious bodily harm and assault - Received suspended sentence and two years' probation - Accused appealed arguing that sentence was excessive given his antecedents and the nature of the crime and trial judge failed to give proper weight to affect of sentence on accused's role and employment as police officer - He sought, inter alia, an absolute discharge - The Newfoundland Supreme Court, Trial Divi­sion, dismissed the appeal - See paragraphs 35 to 45.

Criminal Law - Topic 5895

Sentence - Threats - [See Criminal Law - Topic 5861 ].

Cases Noticed:

R. v. Lifchus (W.), [1997] 3 S.C.R. 320; 216 N.R. 215; 118 Man.R.(2d) 218; 149 W.A.C. 218; 9 C.R.(5th) 1; 118 C.C.C.(3d) 1, refd to. [para. 17].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397; 3 C.R.(4th) 302, refdc to. [para. 17].

R. v. Tibando (M.) (1994), 69 O.A.C. 225; 88 C.C.C.(3d) 229 (C.A.), refd to. [para. 20].

R. v. Clemente (V.F.) (1994), 168 N.R. 310; 95 Man.R.(2d) 161; 70 W.A.C. 161; 91 C.C.C.(3d) 1 (S.C.C.), affing. (1993), 92 Man.R.(2d) 51; 61 W.A.C. 51; 86 C.C.C.(3d) 398 (C.A.), refd to. [para. 22].

R. v. McCraw, [1991] 3 S.C.R. 72; 128 N.R. 299; 49 O.A.C. 47; 66 C.C.C.(3d) 517, refd to. [para. 24].

R. v. M.G. (1994), 73 O.A.C. 356; 93 C.C.C.(3d) 347 (C.A.), refd to. [para. 32].

R. v. Barrett (D.), [1995] 1 S.C.R. 752; 179 N.R. 68; 80 O.A.C. 1; 96 C.C.C.(3d) 319, refd to. [para.. 32].

R. v. Burns (R.H.), [1994] 1 S.C.R. 656; 165 N.R. 374; 42 B.C.A.C. 161; 67 W.A.C. 161; 89 C.C.C.(3d) 193; 29 C.R.(4th) 113, refd to. [para. 32].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81; 105 C.C.C.(3d) 327; 46 C.R.(4th) 269, refd to. [para. 36].

R. v. Elsharawy (M.) (1997), 156 Nfld. & P.E.I.R. 297; 483 A.P.R. 297; 119 C.C.C.(3d) 565 (Nfld. C.A.), refd to. [para. 43].

R. v. Mercer (J.) (1998), 160 Nfld. & P.E.I.R. 174; 494 A.P.R. 174 (Nfld. C.A.), refd to. [para. 46].

R. v. Corbett, [1975] 2 S.C.R. 275; 1 N.R. 258, refd to. [para. 47].

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351; 36 C.C.C.(3d) 417; 59 C.R.(3d) 108; 17 B.C.L.R.(2d) 1; [1987] 6 W.W.R. 97; 43 D.L.R.(4th) 424, refd to. [para. 47].

R. v. Stoddart (1987), 20 O.A.C. 321; 37 C.C.C.(3d) 351 (C.A.), refd to. [para. 48].

R. v. MacDonald (J.J.) (1989), 90 N.S.R.(2d) 218; 230 A.P.R. 218; 48 C.C.C.(3d) 230 (C.A.), refd to. [para. 49].

R. v. R.W., [1992] 2 S.C.R. 122; 137 N.R. 214; 54 O.A.C. 164; 74 C.C.C.(3d) 134; 13 C.R.(4th) 257, refd to. [para. 49].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 27, sect. 37 [para. 26]; sect. 687(1) [para. 35].

Counsel:

J. David Eaton, on behalf of the appellant;

Kathleen Healey, on behalf of the Crown.

This appeal was heard before Dunn, J., of the Newfoundland Supreme Court, Trial Division, who delivered the following judg­ment on March 16, 2000.