R. v. Whelan, (1977) 21 Nfld. & P.E.I.R. 390 (NFCA)

JudgeFurlong, C.J.N., Morgan and Gushue, JJ.A.
CourtNewfoundland Court of Appeal
Case DateMay 25, 1977
JurisdictionNewfoundland and Labrador
Citations(1977), 21 Nfld. & P.E.I.R. 390 (NFCA)

R. v. Whelan (1977), 21 Nfld. & P.E.I.R. 390 (NFCA);

    56 A.P.R. 390

MLB headnote and full text

R. v. Whelan

Indexed As: R. v. Whelan

Newfoundland 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

Sentence - Probation - Unreasonable conditions to probation order - Criminal Code s. 663(2) - The Newfoundland Court of Appeal reviewed and set aside several conditions to a probation order imposed by a trial judge - The Court of Appeal stated that the conditions imposed were not reasonable conditions for securing the good conduct of the accused - See paragraph 7.

Note:

Section 663(2) of the Criminal Code stated:

"663(2) The following conditions shall be deemed to be prescribed in a probation order, namely, that the accused shall keep the peace and be of good behaviour and shall appear before the court when required to do so by the court, and, in addition, the court may prescribe as conditions in a probation order that the accused shall do any one or more of the following things specified in the order, namely,

(a) report to and be under the supervision of a probation officer or other person designated by the court;

(b) provide for the support of his spouse or any other dependants who he is liable to support;

(c) abstain from the consumption of alcohol either absolutely or on such terms as the court may specify;

(d) abstain from owning, possessing or carrying a weapon;

(e) make restitution or reparation to any person aggrieved or injured by the commission of the offence for the actual loss or damage sustained by that person as a result thereof;

(f) remain within the jurisdiction of the court and notify the court or the probation officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;

(g) make reasonable efforts to find and maintain suitable employment; and

(h) comply with such other reasonable conditions as the court considers desirable for securing the good conduct of the accused and for preventing a repetition by him of the same offence or the commission of other offences."

Statutes Noticed:

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

Counsel:

Paul R. Stokes, for the appellant;

David Hurley, for the respondents.

This appeal was heard by FURLONG, C.J.N., MORGAN and GUSHUE, JJ.A., of the Newfoundland Court of Appeal.

The judgment of the Newfoundland Court of Appeal was delivered orally by MORGAN, J.A., on May 25, 1977.

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