R. v. LaSaga, (1977) 13 Nfld. & P.E.I.R. 164 (NFCA)

JudgeFurlong, C.J.N., Morgan and Gushue, JJ.A.
CourtNewfoundland Court of Appeal
Case DateMay 25, 1977
JurisdictionNewfoundland and Labrador
Citations(1977), 13 Nfld. & P.E.I.R. 164 (NFCA)

R. v. LaSaga (1977), 13 Nfld. & P.E.I.R. 164 (NFCA);

    29 A.P.R. 164

MLB headnote and full text

R. v. LaSaga

Indexed As: R. v. LaSaga

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 - Break and enter - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 306(1)(b) - The accused young man broke and entered a club in his home town - The Newfoundland Court of Appeal affirmed the sentence of the accused to 18 weeks imprisonment and 3 years probation, but varied the probation conditions.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 306(1)(b) [para. 1]; sect. 663(2)(h) [para. 6].

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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