R. v. Young (G.T.), (2014) 357 Nfld. & P.E.I.R. 40 (NLTD(G))

• Judge: Handrigan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: September 18, 2014
• Jurisdiction: Newfoundland and Labrador
• Citations: (2014), 357 Nfld. & P.E.I.R. 40 (NLTD(G))

R. v. Young (G.T.) (2014), 357 Nfld. & P.E.I.R. 40 (NLTD(G));

    1109 A.P.R. 40

MLB headnote and full text

Temp. Cite: [2014] Nfld. & P.E.I.R. TBEd. OC.005

Her Majesty the Queen v. Gary Terrance Young

(201406G0111; 2014 NLTD(G) 113)

Indexed As: R. v. Young (G.T.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Handrigan, J.

September 30, 2014.

Summary:

The 49 year old accused pled guilty to two counts of breach of probation (1. keep the peace and be of good behaviour; and 2. abstain from possessing or consuming alcohol or other intoxicating substances, etc.). The offences occurred on July 16, 2014, and related to the accused's consumption of alcohol at a bar, which he left in the company of a 14 year old girl (SF). He also pled guilty to two counts of breach of an undertaking (1. do not possess or consume alcohol or enter any licensed drinking establishment; and 2. do not contact or communicate, directly or indirectly, in any manner, with SF). These offences occurred four days later, on July 20, 2014. The Crown proceeded indictably.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to a global sentence of 12 months, less 108 days' credit for pretrial detention. It imposed sentences of six and four months for each breach of probation and one month for each breach of undertaking, respectively, all consecutive. The court considered the accused's lengthy and serious criminal record, his past history of violating court orders, and the proximity in time of the offences, separated by a bail hearing that should have impressed on him the need to comply with his probation order and undertaking to avoid further arrest. The court imposed the mandatory victim surcharges for each offence.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5834

Sentencing - Considerations on imposing sentence - Circumstances tending to increase sentence - The 49 year old accused pled guilty to two counts of breach of probation (1. keep the peace and be of good behaviour; and 2. abstain from possessing or consuming alcohol or other intoxicating substances, etc.) - The offences occurred on July 16, 2014, and related to the accused's consumption of alcohol at a bar, which he left in the company of a 14 year old girl (SF) - He also pled guilty to two counts of breach of an undertaking (1. do not possess or consume alcohol or enter any licensed drinking establishment; and 2. do not contact or communicate with SF) - These offences occurred four days later on July 20, 2014 - The Crown proceeded indictably - The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to a global sentence of 12 months, less 108 days' credit for pretrial detention - It imposed sentences of six and four months for each breach of probation and one month for each breach of undertaking respectively, all consecutive - The court considered the accused's lengthy and serious criminal record, his past history of violating court orders, and the proximity in time of the offences, separated by a bail hearing that should have impressed on him the need to comply with his probation order and undertaking to avoid further arrest - The court also imposed the mandatory victim surcharges for each offence.

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences - [See Criminal Law - Topic 5834 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5834 ].

Criminal Law - Topic 5898

Sentence - Breach of probation - [See Criminal Law - Topic 5834 ].

Cases Noticed:

R. v. Murphy (D.) (2011), 304 Nfld. & P.E.I.R. 266; 944 A.P.R. 266; 2011 NLCA 16, refd to. [para. 19, footnote 7].

Counsel:

Alison Manning, for Her Majesty the Queen;

Marcus Evans, Q.C., for Gary Young.

This sentencing hearing was heard on September 18, 2014, by Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following decision on September 30, 2014.