R. v. Bird, (1979) 2 Man.R.(2d) 355 (CA)
Judge | Freedman, C.J.M., Monnin and Huband, JJ.A. |
Court | Court of Appeal (Manitoba) |
Case Date | December 12, 1979 |
Jurisdiction | Manitoba |
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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R. v. Foster (D.B.), [2004] N.B.R.(2d) (Supp.) No. 57 (TD)
...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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R. v. Csincsa (M.A.P.), (1993) 85 Man.R.(2d) 241 (CA)
...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),......
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R. v. Pearson (D.H.), [2002] N.B.R.(2d) (Supp.) No. 49 (TD)
...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. Foster (D.B.), [2004] N.B.R.(2d) (Supp.) No. 57 (TD)
...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)
...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)
...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......