R. v. Lahey, (1977) 13 Nfld. & P.E.I.R. 167 (NFCA)
Judge | Furlong, C.J.N., Morgan and Gushue, JJ.A. |
Court | Court of Appeal (Newfoundland) |
Case Date | May 25, 1977 |
Jurisdiction | Newfoundland and Labrador |
Citations | (1977), 13 Nfld. & P.E.I.R. 167 (NFCA) |
R. v. Lahey (1977), 13 Nfld. & P.E.I.R. 167 (NFCA);
29 A.P.R. 167
MLB headnote and full text
R. v. Lahey
Indexed As: R. v. Lahey
Newfoundland Supreme Court
Court of Appeal
Furlong, C.J.N., Morgan and Gushue, JJ.A.
May 25, 1977.
Summary:
This headnote contains no summary.
Criminal Law - Topic 5724
Punishments - Probation - Unreasonable conditions - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 663(2)(h) - The accused young man committed an offence in his home town - The accused had been working elsewhere in Canada and was at home waiting to collect unemployment insurance benefits when the offence took place - The Magistrate imposed a term of probation with terms which severely restricted the accused returning to his home town and his behaviour while there - The Newfoundland Court of Appeal set aside the terms and held that the terms were unreasonable.
Criminal Law - Topic 5851
Sentence - Attempted break and enter - Criminal Code of Canada, R.S.C. 1970, c. C-34, ss. 306(1)(b), 421(a) - The accused young man attempted to break and enter a residence in his home town - The Newfoundland Court of Appeal affirmed the suspended sentence of the accused and probation of 3 years, but varied the probation conditions.
Statutes Noticed:
Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 306(1)(b), sect. 421(a) [para. 1]; sect. 663(2)(h) [para. 5].
Counsel:
Paul Stokes, for the appellant;
David Hurley, for the respondent.
This case was heard at St. John's, Newfoundland, before FURLONG, C.J.N., MORGAN and GUSHUE, JJ.A., of the Newfoundland Supreme Court, Court of Appeal.
On May 25, 1977, MORGAN, J.A., orally delivered the following judgment for the Court of Appeal:
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