R. v. Guitare, (1987) 81 N.B.R.(2d) 171 (CA)

• Judge: Stratton, C.J.N.B., Rice and Ayles, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 09, 1987
• Jurisdiction: New Brunswick
• Citations: (1987), 81 N.B.R.(2d) 171 (CA)

R. v. Guitare (1987), 81 N.B.R.(2d) 171 (CA);

    81 R.N.-B.(2e) 171; 205 A.P.R. 171

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Ernest R. Guitare (appellant) v. Her Majesty the Queen (respondent)

(245/85/CA)

Indexed As: R. v. Guitare

New Brunswick Court of Appeal

Stratton, C.J.N.B., Rice and Ayles, JJ.A.

June 24, 1987.

Summary:

The accused was sentenced to eight years' imprisonment for robbery (Criminal Code, s. 303) and six months' imprisonment for assault (Criminal Code, s. 245(b)). The accused appealed the sentences.

The New Brunswick Court of Appeal, Rice, J.A., dissenting, allowed the appeal in part. The court reduced the eight year robbery sentence to five years, but declined to deal with the sentence for the assault charge, stating that the Court of Queen's Bench and not the Court of Appeal had jurisdiction in summary conviction sentence appeals.

Criminal Law - Topic 5855

Sentence - Robbery - A 29 year old accused broke into an elderly couple's home, struck the wife, tied her hands and laid her on the floor - He struck the husband and took his wallet - He took a television set and $400.00 in cash - Pleaded guilty to robbery - Criminal record - The New Brunswick Court of Appeal reduced an eight year sentence to five years, holding that the eight years was excessive.

Criminal Law - Topic 6200

Sentencing - Appeals - Variation of sentence - Jurisdiction - The New Brunswick Court of Appeal stated that it did not have jurisdiction to deal with sentence appeals respecting summary conviction offences, but rather such appeals should be made to the Court of Queen's Bench - See paragraph 12.

Criminal Law - Topic 7462

Summary conviction proceedings - Appeals - Jurisdiction - Sentence - [See Criminal Law - Topic 6200 above].

Cases Noticed:

R. v. Chiasson (1975), 10 N.B.R.(2d) 696; 4 A.P.R. 696, refd to. [paras. 9-11].

Counsel:

No one appeared on behalf of the accused;

W. Stephen Wood, for the Crown.

This case was heard on June 9, 1987, before Stratton, C.J.N.B., Rice and Ayles, JJ.A., of the New Brunswick Court of Appeal. The judgment of the Court of Appeal was delivered on June 4, 1987, including the following opinions:

Ayles, J.A. (Stratton, C.J.N.B., concurring) - see paragraphs 1 to 12;

Rice, J.A., dissenting - see paragraphs 13, 14.