R. v. Taylor (W.H.), (1995) 134 Nfld. & P.E.I.R. 181 (NFTD)

• Judge: Mercer, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: September 25, 1995
• Jurisdiction: Newfoundland and Labrador
• Citations: (1995), 134 Nfld. & P.E.I.R. 181 (NFTD)

R. v. Taylor (W.H.) (1995), 134 Nfld. & P.E.I.R. 181 (NFTD);

    417 A.P.R. 181

MLB headnote and full text

Her Majesty The Queen v. Wilford Hammond Taylor

(1994 St. J. No. 710)

Indexed As: R. v. Taylor (W.H.)

Newfoundland Supreme Court

Trial Division

Mercer, J.

September 27, 1995.

Summary:

The accused, a retired supervisor at a school for the deaf, pleaded guilty to four counts of indecent assault against four for­mer female students of the school.

The Newfoundland Supreme Court, Trial Division, sentenced the accused to four months' imprisonment on each count, to be served concurrently.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - The accused, a retired supervisor of the male residence at a school for the deaf, pleaded guilty to four counts of indecent assault against four former female students of the school - Defence counsel submitted that as the accused was not a supervisor for the female students, he was not in a position of trust markedly different from the position any adult has with a child - The Newfoundland Supreme Court, Trial Division, rejected the submission - As an employee of the school, the accused was placed in a position of trust by the school and on the occasions of three of the assaults he took advantage of school related situations to assault his victims - See paragraph 10.

Criminal Law - Topic 5837

Sentencing - Considerations on imposing sentence - Mitigating circumstances - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - The accused, a retired supervi­sor at a school for the deaf, pleaded guilty to four counts of indecent assault against four former female students of the school - The Newfoundland Supreme Court, Trial Division, in determining sentence, referred to the absence of overt violence, restraint or coercion and stated that "while the presence of violence is an aggravating factor in sentencing, the absence of vio­lence is not a mitigating factor. The very definition of the offence of indecent assault (or sexual assault) encompasses the concept of force. The courts have recog­nized that in a situation involving an adult, particularly where the adult is in a position of trust, the child is in an inherently vul­nerable position and threats do not have to be articulated for the child to feel coercion" - See paragraph 8.

Criminal Law - Topic 5856

Sentence - Indecent assault - The accused, a retired supervisor at a school for the deaf, pleaded guilty to four counts of indecent assault against four former female students of the school - The offences, which consisted of fondling of the breasts or the vagina of the victims, occurred between 1965 and 1977 - The assaults were brief - There was no overt violence, restraint or coercion - The accused was deaf and used sign language - He was now close to 70 years old with medical problems - No criminal record - In a position of trust - The Newfoundland Supreme Court, Trial Division, held that the accused's deafness and its conse­quences in terms of a prison environment should be considered in mitigation of sentence - The court sentenced the accused to four months' imprisonment on each count, to be served concurrently.

Cases Noticed:

R. v. Atkins (K.J.) (1988), 69 Nfld. & P.E.I.R. 99; 211 A.P.R. 99 (Nfld. C.A.), consd. [para. 3].

R. v. Ball (D.G.) (1992), 102 Nfld. & P.E.I.R. 83; 323 A.P.R. 83 (Nfld. T.D.), refd to. [para. 7].

R. v. Sharpe (1988), 70 Nfld. & P.E.I.R. 60; 215 A.P.R. 60 (Nfld. C.A.), consd. [para. 7].

R. v. G.M. (1992), 58 O.A.C. 390 (C.A.), refd to. [para. 8].

R. v. Brushett (J.J.) (1993), 105 Nfld. & P.E.I.R. 252; 331 A.P.R. 252 (Nfld. T.D.), refd to. [para. 8].

R. v. W.B.S.; R. v. M.P. (1992), 127 A.R. 65; 20 W.A.C. 65; 73 C.C.C.(3d) 530 (C.A.), refd to. [para. 9].

R. v. Chipman (H.R.) (1993), 106 Nfld. & P.E.I.R. 74; 334 A.P.R. 74 (Nfld. T.D.), refd to. [para. 9].

R. v. G.S.T. (1992), 95 Nfld. & P.E.I.R. 129; 301 A.P.R. 129 (C.A.), refd to. [para. 11].

R. v. J.N.O. (1993), 103 Nfld. & P.E.I.R. 256; 326 A.P.R. 256 (Nfld. C.A.), refd to. [para. 17].

R. v. French (E.G.)(No. 3) (1991), 93 Nfld. & P.E.I.R. 34; 292 A.P.R. 34 (Nfld. T.D.), consd. [para. 26].

R. v. W.M.N. (1994), 120 Nfld. & P.E.I.R. 268; 373 A.P.R. 268 (Nfld. C.A.), consd. [para. 26].

R. v. G.N.C. (1991), 92 Nfld. & P.E.I.R. 263; 287 A.P.R. 263 (Nfld. T.D.), consd. [para. 27].

R. v. Dinn (M.F.) (1993), 104 Nfld. & P.E.I.R. 263; 329 A.P.R. 263 (Nfld. C.A.), consd. [para. 29].

R. v. Christian (1991), 9 B.C.A.C. 312; 19 W.A.C. 312 (C.A.), consd. [para. 30].

R. v. E.M. (1992), 134 N.B.R.(2d) 91; 342 A.P.R. 91 (T.D.), consd. [para. 30].

R. v. Kelly (L.J.) (1988), 68 Nfld. & P.E.I.R. 236; 209 A.P.R. 236 (Nfld. C.A.), refd to. [para. 35].

Authors and Works Noticed:

Deaf Prison Inmates: Time to be Heard (1988), 22 Loyola L.A. L. Rev. 1, No. 1, p. 1 [para. 30].

Handicapped Prisoners: An Ignored Minority? (1984), 3 Columbia Journal of Law and Social Problems, No. 18, p. 349 [para. 30].

Counsel:

James Maher, for the Crown;

David Buffett, for the offender.

This case was heard on September 25, 1995, before Mercer, J., of the Newfound­land Supreme Court, Trial Division, who delivered the following decision on Septem­ber 27, 1995.