R. v. Chrun, (1979) 1 Sask.R. 257 (CA)

• Judge: Culliton, C.J.S., Woods and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: December 31, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 1 Sask.R. 257 (CA)

R. v. Chrun (1979), 1 Sask.R. 257 (CA)

MLB headnote and full text

R. v. Chrun

(No. 8431)

Indexed As: R. v. Chrun

Saskatchewan Court of Appeal

Culliton, C.J.S., Woods and Hall, JJ.A.

December 31, 1979.

Summary:

This case arose out of a charge of manslaughter and a charge of rape. The trial judge sitting with a jury acquitted the accused on the charge of manslaughter but convicted the accused on the charge of rape. The accused appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal but varied the sentence of the accused.

Criminal Law - Topic 5852

Sentence - Charge of rape - The Saskatchewan Court of Appeal imposed a sentence of imprisonment of 2.5 years (excluding detention of the accused for seven months awaiting trial) - See paragraph 23.

Evidence - Topic 2401

Special modes of proof - Presumptions - Inference from failure to call available evidence - The Saskatchewan Court of Appeal approved of a jury in a criminal case drawing an unfavourable inference from the failure of the accused to testify at trial - See paragraph 21.

Cases Noticed:

Vezeau v. The Queen, 8 N.R. 235; [1977] 2 S.C.R. 277, refd to. [para. 21].

Strasser v. Roberge, 29 N.R. 541, refd to. [para. 21].

Counsel:

Andrew Hawrish, for the appellant;

Kenneth W. MacKay, for the Crown.

This appeal was heard by CULLITON, C.J.S., WOODS and HALL, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Saskatchewan Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan, on December 31, 1979.