R. v. Courchene, (1990) 68 Man.R.(2d) 276 (CA)

• Judge: Philp, Twaddle and Helper, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 16, 1990
• Jurisdiction: Manitoba
• Citations: (1990), 68 Man.R.(2d) 276 (CA)

R. v. Courchene (1990), 68 Man.R.(2d) 276 (CA)

MLB headnote and full text

Her Majesty The Queen (respondent) v. Barry Allan Courchene (accused/appellant)

(Suit No. 63/90)

Indexed As: R. v. Courchene

Manitoba Court of Appeal

Philp, Twaddle and Helper, JJ.A.

May 16, 1990.

Summary:

The accused appealed a sentence of thirty months for criminal negligence in the operation of a motor vehicle causing bodily harm and a consecutive two year term for theft over.

The Manitoba Court of Appeal dismissed the appeal.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term - Accused stole cigarettes from a van - He drove his vehicle at the van operator who leapt onto the hood - He then drove dangerously to force him off the hood - The trial judge stated that there were two offences and sentenced the accused to two and one-half years for criminal negligence in the operation of a motor vehicle and two years consecutive for theft - The Manitoba Court of Appeal affirmed the sentences where they were fit in totality and the trial judge had not overlooked the principle of totality in imposing sentence.

Criminal Law - Topic 5854

Sentence - Theft - [See Criminal Law - Topic 5804].

Criminal Law - Topic 5864

Sentence - Criminal negligence - [See Criminal Law - Topic 5804].

Counsel:

S.E. Pinx, for the appellant;

G.A. Lawlor, for the respondent.

This appeal was heard before Philp, Twaddle and Helper, JJ.A., of the Manitoba Court of Appeal.

On May 16, 1990, Philp, J.A., delivered the following judgment for the Court of Appeal: