R. v. Andersen, 2018 NLCA 47

Darren Andersen (appellant) v. Her Majesty the Queen (respondent) (17/83) Indexed As: R. v. Andersen 2018 NLCA 47 3 C.A.N.L.R. 225 Court of Appeal of Newfoundland and Labrador Green, Welsh and Barry JJ.A. July 26, 2018

Summary: Green, Welsh and Barry JJ.A.: Having previously allowed Mr. Andersen’s appeal from his sentence, the Court set out the conditions of his probation. Held: Probation conditions imposed. Counsel: Conor J. Mullin, for the appellant; Arnold W. Hussey Q.C., for the respondent. This appeal was heard on June 7, 2018 before Green, Welsh and Barry JJ.A. with the decision rendered orally on July 20, 2018.

The following memorandum of disposition (probation order) was filed on July 26, 2018 by Welsh J.A. for the Court. ______________________________________________________________ Welsh J.A.: [ 1 ] By decision dated July 20, 2018, Mr.

Andersen’s appeal against sentence was allowed, and the sentence was varied by imposing a sentence of two years less a day imprisonment for the aggravated assault and two months, concurrent, for the breach of probation, followed by three years probation with conditions to be determined in consultation with counsel ( 2018 NLCA 41 , at paragraphs 53 and 54 ). [ 2 ] Following consultation with counsel, the following conditions were imposed: Mr. Andersen shall: 1. Keep the peace and be of good behaviour; 2.

Abstain from communicating directly or indirectly, with the complainant, […], and refrain from going to her place of residence, schooling, or employment unless written permission is given by your probation officer which may include any conditions considered to be appropriate by the probation officer including specified times, your abstaining from alcohol during the relevant time, and supervision by a third party, and the probation officer shall not grant permission without first obtaining written consent from [the complainant] after [the complainant] has discussed the request with a victim services officer; 3.

Report to a probation officer within two working days of your release from custody, and thereafter when required and in the manner directed by your probation officer;

4. Reside at the residence of Dorman Angnatok, at 15 Harmony Place, Nain, NL, and if you change your residence, you must advise your probation officer of your new address within two working days of making the change. You may NOT reside at the same residence as the complainant, […], unless that place of residence is FIRST APPROVED by your probation officer as set out in clause 2. Clause 2 applies regardless of where you reside. 5.

Attend and participate actively in awareness and educational or assessment programs or counselling sessions required by your probation officer, and, in particular, programs or sessions relating to alcohol, drug or substance abuse or addiction; anger management and control; and domestic violence and ways of preventing its occurrence and recurrence; 6. Remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or your probation officer; 7. Appear before the court when required to do so by the court. Probation conditions imposed.