Cite as: R. v. George, 1970 NSCA 10 1970 s. C. No. 15225 IN THE sum~ COURT OF NOVA SCOTIA APIEAL DIVISION HER M\,JESTY 'mE QUEEN Appellant - and JOSEPH ROBERT GEORGE Respondent It is the opinion of the Court that leave to appeal llhould be granted. 1'he Court wishe G to cOIJlIIP.nd Mr. Dortahre for the ver.v, very able manner in which be presented the case tor the reupondent 00 tbla appeal. [Mr. Donahoe: Thank. you. my lord" J Howver # the Court hus eXamined very cloaely the report of the psychiatrist, Dr. !JesUe L. Kovacs J in 'Which he deucribes the respondent a8 having a "personality disorder - emotionally unatable, explosive, aggre ss.tve type". In the last pu-agraph ot his report, he notes the follclWing: "I would also t.uke the liberty to express pes[\1mlstic
vi.ewB abcxxt the fu~\lJ.'(, behaviour of 1:111B IItu!.. He told me
i;bat nothing will hold bim buck frOID gettiClS p.v~n w:f:l;h
his brother or to do any drastic actions to deal l<li th :fam
11.y p'.':oblErns sa they aris(~ ~.n the foreo-eeahle f!J.tllre and psychiatric treatment in hoapitn1 aet'Ung or on Wl ot.\t pat1ent baBE'S is higt:tly un1ikel~r 1'.0 ~{e him leas explosive 0 Unfortunately the dtuntion in iliff envlrOOlMmt w111 not chang'e either, tber:.! will be tllIlple pr()vocations leud1ng to violent reactions on his part. lhf'or'tw18tely, for the time : 1
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being the psychiatric profession can go as tar as assessing this man aoo making predications llith som~ degree of rella bility but when it comes to treatuent there is nothing we can ofter. II In view of that report, and the o'ther material befor~ the Court, it appears to us that the learned tdo.l Juuge failed to consider the gravity of the crime or the effec" of th~ puniobment as a deterrent in impooilJg sentence. Accordingly, in the c1rcum stances of the case, he failed to apply the proper principles. It is the opinion of this Court that the sentence imposed by the learned trial Judge should be varied to two years in Dorchester penitentiary. ll!\'l'ED at Halifax, Nova Scotia, 'th10 16th day of' June, A. D., 1970. Membero of Ap'p!al Division pr\?sent McKinnon, C.J.N.S. Coffin, ~.A. Cooper, J.A. C .... o ..-u-ns-el N. R. Anderson, Ecq", tor the Appellant
Terence R. B. Donahoe, Esq., for the Respondent
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