R. v. Harder, (1980) 21 A.R. 102 (CA)

• Judge: Clement, Lieberman and Morrow, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: February 22, 1980
• Citations: (1980), 21 A.R. 102 (CA)

R. v. Harder (1980), 21 A.R. 102 (CA)

MLB headnote and full text

R. v. Harder

Indexed As: R. v. Harder

Alberta Court of Appeal

Clement, Lieberman and Morrow, JJ.A.

February 22, 1980.

Summary:

This case arose out of a charge of procuring a female to have illicit sexual intercourse contrary to s. 195 of the Criminal Code. The accused was convicted and sentenced to imprisonment for six months. The accused appealed both his conviction and sentence.

The Alberta Court of Appeal dismissed the appeal and affirmed the conviction and the sentence of the accused.

Criminal Law - Topic 5041

Appeals - Dismissal of appeal if error resulted in no miscarriage of justice - Where jury charge in error - The Alberta Court of Appeal dismissed an accused's appeal and invoked s. 613(1)(b)(iii) of the Criminal Code and held that there was no miscarriage of justice where the trial judge in his charge to the jury properly referred to evidence as being corroborative and at the same time improperly referred to other evidence as being corroborative - See paragraph 9.

Criminal Law - Topic 5919

Sentence - Prostitution, procuring - Criminal Code, s. 195(1) - The accused was charged with procuring a female to have illicit sexual intercourse - The accused was convicted and the trial judge imposed a sentence of imprisonment of six months - The Alberta Court of Appeal dismissed the accused's appeal respecting sentence and referred to the sentence as "light almost to the point of being inadequate" - See paragraph 10.

Cases Noticed:

R. v. Gruba, [1969] 2 C.C.C. 365, refd to. [para. 4].

R. v. Olhauser (1970), 11 C.R.N.S. 334, refd to. [para. 4].

R. v. McDowell (1977), 1 A.R. 579; 32 C.C.C.(2d) 309, refd to. [para. 5].

R. v. Baskerville, [1916] 2 K.B. 658, refd to. [para. 9].

R. v. Pedersen (1979), 16 A.R. 508; 47 C.C.C.(2d) 375, refd to. [para. 9].

R. v. Creemer & Cormier (1967), 4 N.S.R. 1965-69 546; 1 C.R.N.S. 146, refd to. [para. 9].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 24(4), sect. 195(1)(a), sect. 421 [para. 4]; sect. 589 [para. 5]; sect. 613(1)(b)(iii) [para. 9].

Counsel:

Bosco Yiu, for the appellant;

Jack Watson, for the Crown (respondent).

This appeal was heard by CLEMENT, LIEBERMAN and MORROW, JJ.A., of the Alberta Court of Appeal.

The judgment of the Alberta Court of Appeal was delivered by CLEMENT, J.A., at Edmonton, Alberta, on February 22, 1980.