R. v. M.D.H., (1991) 5 B.C.A.C. 104 (CA)

• Judge: Lambert, Hutcheon and Legg, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 19, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 5 B.C.A.C. 104 (CA)

R. v. M.D.H. (1991), 5 B.C.A.C. 104 (CA);

    11 W.A.C. 104

MLB headnote and full text

Regina (respondent) v. M.D.H. (Y.O.A.)(appellant)

(Nos. CA013489; CA013490)

Indexed As: R. v. M.D.H.

British Columbia Court of Appeal

Lambert, Hutcheon and Legg, JJ.A.

June 19, 1991.

Summary:

A young offender was convicted by Judge Auxier of robbery and sentenced to two years' secure custody plus one year's probation. A few days later he was convicted of another robbery by Judge Poole, and sentenced to two years' of secure custody plus one year's probation. The sentence by Judge Poole was to be served concurrently with the sentence imposed by Judge Auxier. The young offender appealed the sentences.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 5855

Sentence - Robbery - A 15 year old youth was involved in two armed robberies of jewellery stores - Youth held weapon - Value of goods taken was $240,000 and $400,000 - Youth "used" by sophisticated offenders - Grade eight education - Parents previously involved in crime - The British Columbia Court of Appeal affirmed a sentence of two years' secure custody plus one year's probation for both robberies - The sentences were to be served concurrently.

Counsel:

T.D. Allen, for the appellant;

   W.F. Ehrcke, for the respondent.

This appeal was heard in Vancouver, B.C., before Lambert, Hutcheon and Legg, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally on June 19, 1991, including the following opinions:

Legg, J.A. - see paragraphs 1 to 12;

Lambert, J.A. - see paragraphs 13, 15;

Hutcheon, J.A. - see paragraph 14.