R. v. Abel, 2013 NLCA 6

Date: 20130117 Docket: 12/44 Citation: R. v. Abel , 2013 NLCA 6 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN : HER MAJESTY THE QUEEN APPELLANT AND : ISAAC ABEL RESPONDENT Coram: Welsh, Rowe and White JJ.A. Court Appealed From: Provincial Court of Newfoundland and Labrador Happy Valley-Goose Bay, NL Appeal Heard: January 17, 2013 Judgment Rendered: January 17, 2013 (Orally) Memorandum of Disposition Filed: January 18, 2013 Counsel for the Appellant: Sheldon Steeves Counsel for the Respondent: No Appearance MEMORANDUM OF DISPOSITION

Welsh J.A.: [ 1 ] On June 11, 2012, Isaac Abel pleaded guilty and was convicted of sexual assault contrary to section 271(1) (

b) of the Criminal Code . The Crown proceeded by way of

summary conviction. On June 12, 2012, Mr. Abel was sentenced to a term of six months imprisonment, that is, time served, and two years probation. The trial judge also made an order under the Sex Offender Information Registration Act as required pursuant to

section 490.012 of the Criminal Code . The order was for a period of ten years. The Crown’s appeal relates solely to the duration of the order with respect to the sex offender registry. [ 2 ] The appeal is brought under

section 830 of the Criminal Code which authorizes an appeal directly from provincial court to this Court in a

summary conviction matter on the ground that the trial judge erred on a point of law. [ 3 ] The duration of an order under

section 490.012 is determined by application of

section 490.013 of the Code . In this case, Mr. Abel had a previous conviction and was subject to an earlier order under

section 490.012 . In that circumstance,

section 490.013(4) of the Criminal Code requires that the order under the Sex Offender Information Registration Act must apply for life. The judge has no discretion to make an order for a shorter period of time. [ 4 ] It follows that the trial judge erred in law when he ordered that Mr. Abel would be subject to the order under the Sex Offender Information Registration Act for ten years rather than for life. [ 5 ] Had Mr. Abel appeared at the time set for the hearing, I would have explained to him that this was not an appeal of his conviction or of his sentence of imprisonment or probation.

The only issue before the Court in this appeal was the duration of the order under the Sex Offender Information Registration Act . [ 6 ] At the hearing of the appeal, based on the above provisions of the Criminal Code as applied in Mr. Abel’s case, the Court allowed the appeal by the Crown and ordered that the order under the Sex Offender Information Registration Act applies for life. Accordingly, the order of the trial judge regarding the duration of the order with respect to the sex offender registry was varied from ten years to life. ______________________________ B. G. Welsh J.A.