R. v. L.W., (1984) 65 N.S.R.(2d) 58 (CA)

• Judge: MacKeigan, C.J.N.S., Morrison and Macdonald, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: October 02, 1984
• Jurisdiction: Nova Scotia
• Citations: (1984), 65 N.S.R.(2d) 58 (CA)

R. v. L.W. (1984), 65 N.S.R.(2d) 58 (CA);

    147 A.P.R. 58

MLB headnote and full text

R. v. L.W.

(S.C.C. 01048)

Indexed As: R. v. L.W.

Nova Scotia Supreme Court

Appeal Division

MacKeigan, C.J.N.S., Morrison and Macdonald, JJ.A.

October 2, 1984.

Summary:

The 16 year old accused was convicted of armed robbery, contrary to s. 302 of the Criminal Code of Canada, and was sentenced to three years' imprisonment. The accused applied for leave to appeal his sentence.

The Nova Scotia Supreme Court, Appeal Division, dismissed the application.

Criminal Law - Topic 5855

Sentence - Armed robbery - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 302 - 16 year old accused one of four persons who robbed a store of $100 while armed with a BB gun - No prior criminal record - Accused was "main architect" of the offence - The Nova Scotia Court of Appeal affirmed a sentence of three years' imprisonment, referring to the guideline that only in exceptional cases should the sentence be less than three years.

Counsel:

Appellant appeared in person;

Dana W. Giovannetti, for the respondent/Crown.

This application was heard on September 28, 1984, before MacKeigan, C.J. N.S., Morrison and Macdonald, JJ.A., of the Nova Scotia Supreme Court, Appeal Division.

On October 2, 1984, Macdonald, J.A., delivered the following judgment for the Court of Appeal.