R. v. Donnelly, (1984) 31 Man.R.(2d) 25 (CA)

Judge:Monnin, C.J.M., Matas and Huband, JJ.A.
Court:Court of Appeal (Manitoba)
Case Date:October 11, 1984
Jurisdiction:Manitoba
Citations:(1984), 31 Man.R.(2d) 25 (CA)
 
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R. v. Donnelly (1984), 31 Man.R.(2d) 25 (CA)

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R. v. Donnelly

Indexed As: R. v. Donnelly

Manitoba Court of Appeal

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

October 11, 1984.

Summary:

The accused, a bank manager, was convicted of fraud involving approximately $20,000.00 taken from the bank. The trial judge suspended sentence for three years, ordered supervised probation and the performance of 500 hours of community service work. The Crown appealed, arguing that the offence called for a term of incarceration.

The Manitoba Court of Appeal set aside the suspension of sentence and imposed a fine of $4,000.00 or six months in default, plus three years' probation and the continuation of the 500 hours of community service. Monnin, C.J.M., would have set aside the entire sentence and imposed a term of nine months' imprisonment.

Criminal Law - Topic 5859

Sentence - Fraud - The accused, a bank manager, was convicted of fraud involving approximately $20,000.00 taken from the bank - The trial judge suspended sentence for three years, ordered supervised probation and the performance of 500 hours of community service work - On an appeal by the Crown, the Manitoba Court of Appeal set aside the suspension of sentence and imposed a fine of $4,000.00 or six months in default, plus three years' probation and the continuation of the 500 hours of community service.

Counsel:

E.P. Schachter, for the Crown;

R.L. Pollack, for Donnelly.

This appeal was heard on October 11, 1984, before Monnin, C.J.M., Matas and Huband, JJ.A., of the Manitoba Court of Appeal. The decision of the Court of Appeal was rendered on October 11, 1984, and the following opinions were filed:

Matas, J.A. (Huband, J.A., concurring) - see paragraphs 1 to 3;

Monnin, C.J.M. (dissenting) - see paragraphs 4 to 7.

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