R. v. M.W., (1995) 63 B.C.A.C. 236 (CA)
| Judge | Hinds, J.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | August 08, 1995 |
| Jurisdiction | British Columbia |
| Citations | (1995), 63 B.C.A.C. 236 (CA) |
R. v. M.W. (1995), 63 B.C.A.C. 236 (CA);
104 W.A.C. 236
MLB headnote and full text
Regina (respondent) v. M.W. (appellant)
(CA018987)
Indexed As: R. v. M.W.
British Columbia Court of Appeal
Hinds, J.A.
August 11, 1995.
Summary:
The accused was convicted of sexual assault and given a suspended sentence plus two years' probation. He appealed against conviction. The Summary Conviction Appeal Court dismissed the appeal. The accused applied for leave to appeal both conviction and sentence.
The British Columbia Court of Appeal, per Hinds, J.A., dismissed both applications for leave.
Criminal Law - Topic 675
Sexual offences, public morals and disorderly conduct - Sexual offences - Rape or sexual assault - Evidence and proof - The British Columbia Court of Appeal, per Hinds, J.A., stated that "it is not necessary to establish sexual gratification in order to prove a sexual assault. If, from an objective standard, the sexual integrity of the complainant was violated, a conviction for sexual assault may be founded" - See paragraph 23.
Criminal Law - Topic 6211.1
Sentencing - Appeals - Variation of sentence - Application for leave to appeal - Bars - The British Columbia Court of Appeal, per Hinds, J.A., stated that where the sentence imposed by a summary conviction court is not an illegal sentence, the fitness or appropriateness of the sentence does not raise a question of law alone - See paragraph 27.
Criminal Law - Topic 7603
Summary conviction proceedings - Appeal to a Court of Appeal - What constitutes a "question of law" - [See Criminal Law - Topic 6211.1 ].
Cases Noticed:
R. v. Emery (1981), 61 C.C.C.(2d) 84 (B.C.C.A.), refd to. [para. 11].
R. v. Kenn Borek Air Ltd. et al. and Gordon (R.J.), [1992] B.C.W.L.D. 1211 (C.A.), refd to. [para. 12].
R. v. Khan, [1990] 2 S.C.R. 531; 113 N.R. 53; 41 O.A.C. 353; 59 C.C.C.(3d) 92; 79 C.R.(3d) 1, refd to. [para. 15].
R. v. Burns (R.H.), [1994] 1 S.C.R. 656; 165 N.R. 374; 42 B.C.A.C. 161; 67 W.A.C. 161; 89 C.C.C.(3d) 193, refd to. [para. 21].
R. v. K.B.V., [1993] 2 S.C.R. 857; 154 N.R. 277; 64 O.A.C. 198, refd to. [para. 23].
R. v. Thomas (1980), 53 C.C.C.(2d) 285 (B.C.C.A.), refd to. [para. 27].
Statutes Noticed:
Criminal Code, R.S.C. 1985, c. C-46, sect. 659 [para. 19]; sect. 839 [para. 12].
Counsel:
Ruth Lea Taylor, for the appellant;
Elizabeth Bennett, Q.C., for the respondent.
This appeal was heard in Vancouver, British Columbia, on August 8, 1995, before Hinds, J.A., in Chambers, of the British Columbia Court of Appeal, who delivered the following decision on August 11, 1995.
To continue reading
Request your trial
-
R. v. Millar (T.), [2003] B.C.A.C. Uned. 62
...the issue raised is one of general importance, and an appeal on the point has a reasonable possibility of success: R. v. Westwood (1995), 63 B.C.A.C. 236, [1995] B.C.J. No. 2146 (Q.L.) (C.A.). [3] Crown counsel concedes that some of the proposed grounds of appeal raise issues of law alone b......
-
R. v. Lindsay (D.K.), 2008 BCCA 30
...commonly applied are the importance of the issue, and whether there is a reasonable possibility of success: R. v. Westwood (1995), 63 B.C.A.C. 236, [1995] B.C.J. No. 2146, and R. v. Hunt (1998), 108 B.C.A.C. 218, [1988] B.C.J. No. 1347, although as observed by Southin, J.A., in R. v. Martin......
-
Lord v. British Columbia (Attorney General), [2005] B.C.A.C. Uned. 72 (CA)
...commonly applied are the importance of the issue, and whether there is a reasonable possibility of success: R. v. Westwood (1995), 63 B.C.A.C. 236, [1995] B.C.J. No. 2146, and R. v. Hunt (1998), 108 B.C.A.C. 218, [1998] B.C.J. 1347, although as observed by Southin J.A. in R. v. Martin , 200......
-
R. v. Watson (G.S.) et al., [2004] B.C.A.C. Uned. 126 (CA)
...the legal issue is one of importance and further that the issue raised has some reasonable possibility of success: R. v. Westwood (1995), 63 B.C.A.C. 236; R. v. Honigman , 2000 BCCA 473. Having considered the submissions and the authorities, I do not believe that there is any chance that th......
-
R. v. Millar (T.), [2003] B.C.A.C. Uned. 62
...the issue raised is one of general importance, and an appeal on the point has a reasonable possibility of success: R. v. Westwood (1995), 63 B.C.A.C. 236, [1995] B.C.J. No. 2146 (Q.L.) (C.A.). [3] Crown counsel concedes that some of the proposed grounds of appeal raise issues of law alone b......
-
R. v. Lindsay (D.K.), 2008 BCCA 30
...commonly applied are the importance of the issue, and whether there is a reasonable possibility of success: R. v. Westwood (1995), 63 B.C.A.C. 236, [1995] B.C.J. No. 2146, and R. v. Hunt (1998), 108 B.C.A.C. 218, [1988] B.C.J. No. 1347, although as observed by Southin, J.A., in R. v. Martin......
-
Lord v. British Columbia (Attorney General), [2005] B.C.A.C. Uned. 72 (CA)
...commonly applied are the importance of the issue, and whether there is a reasonable possibility of success: R. v. Westwood (1995), 63 B.C.A.C. 236, [1995] B.C.J. No. 2146, and R. v. Hunt (1998), 108 B.C.A.C. 218, [1998] B.C.J. 1347, although as observed by Southin J.A. in R. v. Martin , 200......
-
R. v. Watson (G.S.) et al., [2004] B.C.A.C. Uned. 126 (CA)
...the legal issue is one of importance and further that the issue raised has some reasonable possibility of success: R. v. Westwood (1995), 63 B.C.A.C. 236; R. v. Honigman , 2000 BCCA 473. Having considered the submissions and the authorities, I do not believe that there is any chance that th......