R. v. A., (1976) 1 A.R. 348 (CA)

• Judge: McDermid, Prowse and Haddad, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: November 17, 1976
• Citations: (1976), 1 A.R. 348 (CA)

R. v. A. (1976), 1 A.R. 348 (CA)

MLB headnote and full text

R. v. A.

Indexed As: R. v. A.

Alberta Supreme Court

Appellate Division

McDermid, Prowse and Haddad, JJ.A.

November 17, 1976.

Summary:

This case arose out of a charge against the accused of assault causing bodily harm contrary to s. 245(2) of the Criminal Code of Canada R.S.C. 1970, c. C-34. The accused, sixteen year old boy, punched a fifteen year old boy in the jaw, causing a hair-line fracture of the jaw and tooth damage. The blow was struck on impulse and arose during a lover's quarrel. The accused pleaded guilty to the charge and was given a conditional discharge.

The Crown appealed from sentence. The Appeal Division dismissed the appeal and affirmed the conditional discharge.

Criminal Law - Topic 4431

Procedure - Verdicts and discharges - Conditional discharge in lieu of conviction - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 662.1 - Considerations on ordering conditional discharge - A sixteen year old boy punched a fifteen year old boy in the jaw - The blow was struck on impulse and arose during a lover's quarrel - The accused pleaded guilty to a charge of assault causing bodily harm - The Appeal Division noted that the offence was not prevalent and that the accused acted impulsively - The Alberta Court of Appeal ordered a conditional discharge of the accused.

Criminal Law - Topic 5883

Sentence - Assault causing bodily harm - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 245(2) - A sixteen year old boy punched a fifteen year old boy in the jaw, causing a hairline fracture of jaw and tooth damage - The blow was struck on impulse and arose over a lover's quarrel - The Alberta Court of Appeal affirmed a conditional discharge of the accused.

Cases Noticed:

R. v. Fallowfield, [1973] 6 W.W.R. 472; 22 C.R.N.S. 342, refd to. [para. 11].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 245(2), sect. 662.1.

Counsel:

R.B. Nelles, for the Crown;

K.A. St. Louis, for the respondent accused.

This case was heard before McDERMID, PROWSE and HADDAD, JJ.A., of the Alberta Supreme Court, Appellate Division.

On November 17, 1976, HADDAD, J.A., delivered the following judgment of the Appellate Division