R. v. Hammerling, (1979) 1 Man.R.(2d) 246 (CA)

• Court: Court of Appeal (Manitoba)
• Case Date: October 22, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 246 (CA)

R. v. Hammerling (1979), 1 Man.R.(2d) 246 (CA)

MLB headnote and full text

R. v. Hammerling

Indexed As: R. v. Hammerling

Manitoba Court of Appeal

Matas, J.A. (In Chambers)

October 22, 1979.

Summary:

This headnote contains no summary.

Practice - Topic 8872

Appeals - Leave to appeal - Extension of time for giving notice of appeal - Crown's appeal from acquittal of accused - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 607(2) - The accused was convicted of offences and acquitted of others on June 20 - He was sentenced on September 10 - The Crown mistakenly believed that it could appeal from the acquittals within thirty days of sentencing, instead of within thirty days from acquittals, as required - The Crown brought an application for extension of time for giving notice of appeal from the acquittal - The Manitoba Court of Appeal granted the application, because the Crown had an arguable case on the merits and the accused was not prejudiced by the delay.

Cases Noticed:

R. v. Antoine (1972), 17 C.R.N.S. 313, consd. [para. 6].

Cairns v. Cairns, [1931] 3 W.W.R. 335 (Alta. C.A.), consd. [para. 6].

R. v. Toronto Magistrates, [1960] O.W.N. 549, appld. [para. 7].

R. v. Scheller, Tomlinson et al. (1977), 37 C.R.N.S. 349, appld. [para. 7].

Clader v. Village of Brooklands, [1946] 2 W.W.R. 68; 54 Man. R. 122 (Man. C.A.), appld. [para. 8].

Re Shewchuk (1969), 1 D.L.R.(3d) 288 (Alta. C.A.), appld. [para. 8].

R. v. Petricia, [1974] 4 W.W.R. 425, refd to. [para. 9].

R. v. K.C. Irving Ltd. et al. (1976), 12 N.B.R.(2d) 259; 10 A.P.R. 259; 7 N.R. 361; 27 C.C.C.(2d) 263 (S.C.C.), appld. [para. 10].

R. v. Rigby (1922-3) Cr. App. R. 111, appld. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 607(2) [para. 1].

Counsel:

E.P. Schachter, for the applicant;

R.A. Yerex, for the accused/respondent.

This case was heard on October 22, 1979, at Winnipeg, Manitoba, in chambers before MATAS, J.A., of the Manitoba Court of Appeal, who delivered the following judgment on October 22, 1979: