R. v. Henry (J.R.), (1989) 55 B.C.A.C. 1 (YukCA)

• Judge: McEachern, C.J.B.C., Esson and Locke, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: May 30, 1989
• Jurisdiction: Yukon
• Citations: (1989), 55 B.C.A.C. 1 (YukCA)

R. v. Henry (J.R.) (1989), 55 B.C.A.C. 1 (YukCA);

    90 W.A.C. 1

MLB headnote and full text

Her Majesty the Queen (respondent) v. John Robert Henry (applicant/appellant)

(C.A. 88-05227B)

Indexed As: R. v. Henry (J.R.)

Yukon Court of Appeal

McEachern, C.J.B.C., Esson and Locke, JJ.A.

May 30, 1989.

Summary:

The accused was convicted of contempt in the face of the court and sentenced to six months' imprisonment. He appealed against sentence.

The Yukon Court of Appeal allowed the appeal.

Editor's Note: This case is being reported at this time at the request of the court.

Contempt - Topic 3325

Punishment - Imprisonment - When ap­propriate - The accused was convicted of contempt in the face of the court for his refusal to testify as a witness - It was his second refusal to give evidence, which warranted an increased sanction over the five days previously served - He had already served 56 days of the six month sentence imposed at trial and his employ­ment was now at risk - The Yukon Court of Appeal substituted a sentence of time served.

Counsel:

Wesley W. Smart, for the Crown;

Buffy B. Blakley, for the accused.

This appeal was heard at Whitehorse, Yukon Territory, before McEachern, C.J.B.C., Esson and Locke, JJ.A., of the Yukon Terri­tory Court of Appeal. The deci­sion of the court was delivered orally on May 30, 1989, by McEachern, C.J.B.C.