R. v. Mantla, (1985) 61 A.R. 251 (NWTCA)

• Judge: Laycraft, C.J.A., Lieberman, J.A., and Marshall, J.
• Court: Court of Appeal (Northwest Territories)
• Case Date: June 25, 1985
• Jurisdiction: Northwest Territories
• Citations: (1985), 61 A.R. 251 (NWTCA)

R. v. Mantla (1985), 61 A.R. 251 (NWTCA)

MLB headnote and full text

R. v. Mantla

(No. 584)

Indexed As: R. v. Mantla

Northwest Territories Court of Appeal

Laycraft, C.J.A., Lieberman, J.A., and Marshall, J.

June 25, 1985.

Summary:

The accused pleaded guilty to assault causing bodily harm contrary to s. 245.1(1)(b) of the Criminal Code of Canada and was sentenced to five months' imprisonment. The accused slashed an RCMP constable with a knife while the constable was attempting to quell a domestic dispute. The Crown appealed the sentence.

The Northwest Territories Court of Appeal allowed the appeal and increased the sentence to 18 months' imprisonment.

Criminal Law - Topic 5861

Sentence - Assault causing bodily harm - An RCMP officer attempting to quell a domestic dispute was attacked by the accused and slashed with a knife - The accused had been drinking - The Northwest Territories Court of Appeal increased the accused's sentence from five months' imprisonment to 18 months' imprisonment.

Cases Noticed:

R. v. James (1971), 3 C.C.C.(2d) 1, not folld. [para. 7].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 245.1(1)(b) [para. 1].

Counsel:

J.D. Sutton, for the Crown;

A. Wright, for the accused.

This appeal was heard on June 25, 1985, at Yellowknife, Northwest Territories, before Laycraft, C.J.A., Lieberman, J.A., and Marshall, J., of the Northwest Territories Court of Appeal.

On June 25, 1985, Lieberman, J.A., delivered the following judgment orally for the Court of Appeal.