This is the sentencing decision of Mr. Lyver, who was convicted of the offences of uttering a threat to kill a person and his dog, contrary to sections 264.1(1)(a) and (c) of the Criminal Code. In addition, he pleaded guilty to having failed to appear under section 145(5) of the Code. The Crown proceeded by way of summary conviction in relation to all counts.
The charges arise from an instance where Lyver, out of frustration caused by dogs defecating on his mother’s lawn, threatened to kill a person and his dog.
Lyver was, at the time, a correctional officer, working with Adult Corrections. At the time of sentencing he was under suspension without pay and is likely not to return to that position.
The judge concludes that this is not an appropriate case for a discharge given that Lyver was convicted of three offences and has a criminal record (one previous conviction from 1984). Additionally, two of his present offences involved public expressions of violence and one ignored a legal requirement to appear for identification, which is of significant value to the administration of justice.
Lyver receives a suspended sentence and 12 months probation. Additionally, Lyver is required to attend all counseling or treatment sessions arranged by his probation officer, including any in relation to anger management, and must write a letter of apology to the victim.
Source: Case Law
Jurisdiction: Newfoundland and Labrador