R. v. Urquhart, (1976) 10 Nfld. & P.E.I.R. 69 (NFCA)

• Judge: Furlong, C.J.N., Gushue and Morgan, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: June 25, 1976
• Jurisdiction: Newfoundland and Labrador
• Citations: (1976), 10 Nfld. & P.E.I.R. 69 (NFCA)

R. v. Urquhart (1976), 10 Nfld. & P.E.I.R. 69 (NFCA);

    17 A.P.R. 69

MLB headnote and full text

R. v. Urquhart

Indexed As: R. v. Urquhart

Newfoundland Supreme Court

Court of Appeal

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

June 25, 1976.

Summary:

This case arose out of a charge against the accused of break, enter and theft contrary to Section 306(1)(b) of the Criminal Code of Canada, R.S.C. 1970, c. C-34. The accused and an accomplice broke into a dwelling house and stole $15,000 in cash plus various securities. The securities and only $3,700 cash were returned to the owners, and the accused refused to tell where the balance was. The accused was charged and convicted before the District Court. The trial court sentenced the accused to six months' imprisonment and made a compensation order against him. The trial court considered that the compensation order was a part of the sentence against the accused. The Crown appealed from sentence.

The Newfoundland Court of Appeal allowed the appeal and increased the accused's sentence to eighteen months' imprisonment plus one year probation. The appeal court held that the trial court was in error in considering the compensation order to be a part of sentence.

Criminal Law - Topic 5637

Punishments - Compensation order - Effect of - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 653 - Trial court sentenced accused to six months' imprisonment and made a compensation order against the accused, but the trial judge considered the compensation order to be a part of sentence - The Newfoundland Court of Appeal held that a compensation order is not a part of the sentence, but the equivalent of a civil judgment against the accused - The Court of Appeal increased the accused's sentence to eighteen months' imprisonment - Paragraph 5.

Criminal Law - Topic 5851

Sentence - Break, enter and theft - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 306(1) - Accused and an accomplice robbed a dwelling house of $15,000 cash plus securities - $3,700 was returned, but the accused refused to tell where the balance was - 29 year old married man with one child and no previous convictions - The Newfoundland Court of Appeal increased the accused's sentence from six months to eighteen months' imprisonment plus one year probation.

Cases Noticed:

R. v. Morrissette, [1971] 1 C.C.C. 309, refd to. [para. 5].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 306(1)(b) [para. 1]; sect. 653 [para. 5].

Counsel:

J. McGrath, for the plaintiff-appellant;

R. Matthews, for the defendant-respondent.

This case was heard before FURLONG, C.J.N., and GUSHUE and MORGAN, JJ.A., of the Newfoundland Supreme Court, Court of Appeal. On June 25, 1976, GUSHUE, J.A., delivered the following judgment of the Court:

FURLONG, C.J.N., and MORGAN, J.A., concurred with GUSHUE, J.A.