R. v. Bird, (1979) 2 Man.R.(2d) 355 (CA)

JudgeFreedman, C.J.M., Monnin and Huband, JJ.A.
CourtCourt of Appeal (Manitoba)
Case DateDecember 12, 1979
JurisdictionManitoba
Citations(1979), 2 Man.R.(2d) 355 (CA)

R. v. Bird (1979), 2 Man.R.(2d) 355 (CA)

MLB headnote and full text

R. v. Bird

Indexed As: R. v. Bird

Manitoba Court of Appeal

Freedman, C.J.M., Monnin and Huband, JJ.A.

December 12, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5882

Sentence - Manslaughter - The accused 18 year old boy was convicted of manslaughter after he shot his father - At the time the accused was drunk and his father had provoked him - The accused had no previous criminal convictions - On the accused's appeal from sentence the Manitoba Court of Appeal affirmed the sentence of the accused to four years imprisonment - Huband, J.A., dissenting, would have reduced the sentence to two years.

Counsel:

J.G. Dangerfield, for the respondent;

R.J. Wolson and S.Z. Katz, for the accused/appellant.

This case was heard on December 3, 1979, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., MONNIN and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On December 12, 1979, the judgment of the Court of Appeal was delivered and the following opinions were filed:

FREEDMAN, C.J.M. - see paragraphs 1 to 3;

HUBAND, J.A., dissenting - see paragraphs 4 to 7.

MONNIN, J.A., concurred with FREEDMAN, C.J.M.

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3 practice notes
  • R. v. Foster (D.B.), [2004] N.B.R.(2d) (Supp.) No. 57 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • 29 Junio 2004
    ...of three and a half years was imposed on an accused who shot his brother during a violent argument about hockey, and in R. v. Bird (1979), 2 Man.R.(2d) 355 (C.A.), where the drunken accused was clearly provoked by his father and shot him to death. Bird received a sentence of four years' imp......
  • R. v. Csincsa (M.A.P.), (1993) 85 Man.R.(2d) 241 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 5 Mayo 1993
    ...L.R.(2d) 289 (C.A.), refd to. [para. 6]. R. v. Zimmer (1991), 89 Sask.R. 281; 63 C.C.C.(3d) 61 (C.A.), consd. [para. 7]. R. v. Bird (1979), 2 Man.R.(2d) 355 (C.A.), consd. [para. R. v. Gray and Schinkel (No. 2) (1990), 64 Man.R.(2d) 284 (C.A.), consd. [para. 13]. R. v. Kent and Gode (1986),......
  • R. v. Pearson (D.H.), [2002] N.B.R.(2d) (Supp.) No. 49 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • 13 Junio 2002
    ...of three and a half years was imposed on an accused who shot his brother during a violent argument about hockey, and in R. v. Bird (1979), 2 Man.R.(2d) 355 (C.A.), where the drunken accused was clearly provoked by his father and shot him to death. Bird received a sentence of four years' imp......
3 cases
  • R. v. Foster (D.B.), [2004] N.B.R.(2d) (Supp.) No. 57 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • 29 Junio 2004
    ...of three and a half years was imposed on an accused who shot his brother during a violent argument about hockey, and in R. v. Bird (1979), 2 Man.R.(2d) 355 (C.A.), where the drunken accused was clearly provoked by his father and shot him to death. Bird received a sentence of four years' imp......
  • R. v. Csincsa (M.A.P.), (1993) 85 Man.R.(2d) 241 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 5 Mayo 1993
    ...L.R.(2d) 289 (C.A.), refd to. [para. 6]. R. v. Zimmer (1991), 89 Sask.R. 281; 63 C.C.C.(3d) 61 (C.A.), consd. [para. 7]. R. v. Bird (1979), 2 Man.R.(2d) 355 (C.A.), consd. [para. R. v. Gray and Schinkel (No. 2) (1990), 64 Man.R.(2d) 284 (C.A.), consd. [para. 13]. R. v. Kent and Gode (1986),......
  • R. v. Pearson (D.H.), [2002] N.B.R.(2d) (Supp.) No. 49 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • 13 Junio 2002
    ...of three and a half years was imposed on an accused who shot his brother during a violent argument about hockey, and in R. v. Bird (1979), 2 Man.R.(2d) 355 (C.A.), where the drunken accused was clearly provoked by his father and shot him to death. Bird received a sentence of four years' imp......

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