R. v. Kelly, [1967] N.B. Law News No. 22 (CA)

• Judge: Bridges, C.J.N.B., Cormier, C.J.Q.B.D., and Limerick, J.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: December 09, 1966
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 22 (CA)

R. v. Kelly, [1967] N.B. Law News No. 22 (CA)

MLB Law News

Lawrence Kelly (appellant) v. Her Majesty The Queen (respondent)

(Archives RS43/1965)

Indexed As: R. v. Kelly

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Cormier, C.J.Q.B.D., and Limerick, J.A.

December 9, 1966.

Summary:

Criminal Appeal - Sentence Reduced - Appeal dismissed from conviction for theft where interpreter was not sworn and testimony given in French and record made in English by court stenographer because counsel for Defendant did not object at the trial to the court stenographer not being sworn as an interpreter. Held seven years sentence manifestly excessive and reduced to three years (accused with previous record). Court held that under Section 619(1) of the Criminal Code of Canada, hearsay evidence may be received, though the trial judge should be very careful in this regard.

Counsel:

C.T. Gilbert, Q.C., for Louis-Felix LeBlanc, for the appellant;

L.D. D'Arcy, for the Crown.

This case was heard before Bridges, C.J.N.B., Cormier, C.J.Q.B.D., and Limerick, J.A., of the New Brunswick Supreme Court, Appeal Division. The following decision of the Court was delivered on December 9, 1966, by Bridges, C.J.N.B. with Cormier, C.J.Q.B.D. and Limerick, J.A., concurring.