R. v. MacFarlane, (1976) 55 A.R. 222 (CA)

• Judge: McGillivray, C.J.A., Allen and Prowse, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: January 15, 1976
• Citations: (1976), 55 A.R. 222 (CA);1976 ALTASCAD 6;3 Alta LR (2d) 341;55 AR 222;[1976] AJ No 429 (QL)

R. v. MacFarlane (1976), 55 A.R. 222 (CA)

MLB headnote and full text

R. v. MacFarlane

(Appeal #10081)

Indexed As: R. v. MacFarlane

Alberta Court of Appeal

McGillivray, C.J.A., Allen and Prowse, JJ.A.

January 15, 1976.

Summary:

MacFarlane was convicted of a charge of possession of goods that he knew were stolen. The trial judge granted a conditional discharge pursuant to s. 662.1(1) of the Criminal Code of Canada. The Crown appealed.

The Alberta Court of Appeal allowed the appeal, set aside the discharge and substituted a conviction and a suspended sentence for one year.

Criminal Law - Topic 4430

Verdicts - Absolute or conditional discharge in lieu of conviction - The Alberta Court of Appeal referred to six relevant factors which must be considered by a judge on every application for a discharge (see paragraphs 14 to 20).

Cases Noticed:

R. v. Fallofield, [1973] 6 W.W.R. 472, ref'd to. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 662.1(1) [para. 9].

Counsel:

P.S. Chrumka, for the Crown (appellant;

M. Hetherington, for the accused (respondent).

This appeal was heard by McGillivray, C.J.A., Allen and Prowse, JJ.A., of the Alberta Court of Appeal. The judgment of the court was delivered at Calgary, Alberta, on January 15, 1976.