R. v. Bird, (1979) 5 Sask.R. 208 (CA)

• Judge: Woods, Brownridge and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 15, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 5 Sask.R. 208 (CA)

R. v. Bird (1979), 5 Sask.R. 208 (CA)

MLB headnote and full text

R. v. Bird

Indexed As: R. v. Bird

Saskatchewan Court of Appeal

Woods, Brownridge and Bayda, JJ.A.

March 15, 1979.

Summary:

This appeal arose out of convictions for being at large, possession of a weapon and two charges of confinement contrary to sections 133(1)(b), 85 and 247(2) of the Criminal Code. The offences occurred during an escape from custody in which guards were threatened and confined. The accused appealed.

The Saskatchewan Court of Appeal dismissed the appeal and affirmed the sentences imposed at trial which were, six months' imprisonment for being at large, consecutive to sentences presently being served, and for possession of a weapon and 18 months' imprisonment on each of the two charges of confinement, concurrent with each other but consecutive to the charge of being at large.

Criminal Law - Topic 5868

Sentence - Forcible confinement - Section 247(2) of the Criminal Code - Adult male - Two charges of confining and threatening guards during escape from custody - The Saskatchewan Court of Appeal affirmed concurrent sentences of 18 months' imprisonment for each charge, imposed at trial - See paragraph 2.

Criminal Law - Topic 5871

Sentence - Possession and use of weapons, s. 85 of the Criminal Code - Adult male - Charge arising from confining and threatening guards during escape from custody - The Saskatchewan Court of Appeal affirmed the sentence of 18 months' imprisonment imposed at trial - See paragraph 2.

Criminal Law - Topic 5873

Sentence - Prison break or escaping of custody - Charge of being at large, without excuse, prior to expiration of term of imprisonment s. 133(1)(b) of the Criminal Code - Adult male - The Saskatchewan Court of Appeal affirmed a sentence of six months' imprisonment imposed at trial - See paragraph 2.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 85 [para. 1]; sect. 133(1)(b) [para. 1]; sect. 247(2) [para. 1].

Counsel:

The appellant in person;

Alistair B. Johnston, for the Crown.

This case was heard by WOODS, BROWNRIDGE and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

On March 15, 1979, WOODS, J.A., delivered the following judgment for the Court of Appeal.