R. v. Haynes, 2013 NLCA 18

Date: 201303 08 Docket: 12/56 Citation: R. v. Haynes , 2013 NLCA 18 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL

Section 486.4 of the Criminal Code respecting the non-publication of the identify of a complainant or of a witness and any information from which they might be identified applies to this judgment. BETWEEN: HER MAJESTY THE QUEEN APPLICANT AND: ROBERT HAYNES RESPONDENT Coram: Green C.J.N.L., Welsh and Rowe JJ.A.

Court Appealed From: Provincial Court of Newfoundland and Labrador Harbour Grace Application Heard: March 8, 2013 Judgment Rendered: March 8, 2013 Memorandum of Disposition Filed: March 8, 2013 Counsel for the Applicant: Frances Knickle Counsel for the Respondent: Mary Boulos MEMORANDUM OF DISPOSITION Green C.J.N.L.: [ 1 ] The Crown appealed a decision of a Provincial Court judge relative to the imposition of an order made under

section 490.013 of the Criminal Code requiring the offender to comply with the Sex Offender Information Registration Act . The respondent had been convicted of three sexual offences under

section 152 of the Code involving three victims. The duration of the registration order was set at 10 years (the SOIRA order) . [ 2 ] The appeal to this Court under

section 830 of the Code is on the basis that, in view of the multiple convictions for a designated

offence, under

section 490.013, the duration of the SOIRA order was required by law to be for life. [3] Having heard counsel for the Crown and noting that counsel for Mr. Haynes concedes the point made by the Crown, andhaving considered the applicable law, we were all of the view that: 1. This Court has jurisdiction under section 830(1)(

a) of the Code to consider the issue of the duration of the SOIRA order imposed bythe sentencing judge (see R. v. Lambe (1996), (NL CA), 144 Nfld. & P.E.I.R. 277 (Nfld.C.A.); and R. v. Abel, 2013NLCA 6); 2. The issue of whether the duration of the SOIRA order imposed by the sentencing judge complies with the provisions of the CriminalCode is a question of law (R. v. Abel); and 3. The sentencing judge erred in her application of

section 490.013 of the Code in imposing an order of ten years’ duration. In view ofthe fact that Mr. Haynes was convicted of more than one designated offence, the applicable provision is

section 490.013(2.1). Thisrequires the imposition of a lifetime order. We therefore ordered that the SOIRA order be varied accordingly. _____________________________ J. D. Green C.J.N.L.