R. v. Taplin, (1977) 23 Nfld. & P.E.I.R. 178 (NFCA)

• Judge: Furlong, C.J.N., Morgan, and Gushue, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: May 25, 1977
• Jurisdiction: Newfoundland and Labrador
• Citations: (1977), 23 Nfld. & P.E.I.R. 178 (NFCA)

R. v. Taplin (1977), 23 Nfld. & P.E.I.R. 178 (NFCA);

    61 A.P.R. 178

MLB headnote and full text

R. v. Taplin

Indexed As: R. v. Taplin

Newfoundland Supreme Court

Court of Appeal

Furlong, C.J.N., Morgan, and Gushue, JJ.A.

May 25, 1977.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5724

Punishments - Probation - Unreasonable conditions - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 663(2)(h) - The accused pleaded guilty to a charge of attempted break and entry of a store in his hometown, while he was home on a visit from Ontario - The trial judge gave him a suspended sentence and three years probation - The main condition of the probation order prohibited him from returning to his hometown unless he had employment there and, if he did return for that reason, he was forbidden to drink, enter drinking establishments or associate with persons with a criminal record - The accused appealed from the length and conditions of the probation order - The Newfoundland Court of Appeal affirmed the order for three years probation, but held that the condition respecting the return to his hometown and his behaviour there was unreasonable.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 663(2).

Counsel:

Paul Stokes, for the appellant;

David Hurley, for the respondent.

This case was heard on May 25, 1977, at St. John's, Newfoundland, before FURLONG, C.J.N., MORGAN, and GUSHUE, JJ.A., of the Newfoundland Supreme Court, Court of Appeal. On May 25, 1977, MORGAN, J.A., orally delivered the following judgment for the Court of Appeal: