R. v. Marchand, (1984) 3 O.A.C. 176 (CA)

• Judge: Dubin, Cory and Tarnopolsky, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: February 06, 1984
• Jurisdiction: Ontario
• Citations: (1984), 3 O.A.C. 176 (CA)

R. v. Marchand (1984), 3 O.A.C. 176 (CA)

MLB headnote and full text

R. v. Marchand

Indexed As: R. v. Marchand

Ontario Court of Appeal

Dubin, Cory and Tarnopolsky, JJ.A.

March 23, 1984.

Summary:

The accused pleaded guilty to three counts of breaking and entering with intent to commit an indictable offence. The trial judge sentenced the accused to 18 months consecutive for each offence, for a total of 4.5 years. The accused appealed against sentence.

The Ontario Court of Appeal allowed the appeal and reduced the sentence to 17 months (the time already served).

Criminal Law - Topic 5802

Sentencing - Concurrent sentences - A 21 year old accused committed three break and enters with intent within approximately 10-15 minutes - He broke windows in three premises, and entered and searched each, but removed nothing - The Ontario Court of Appeal held that the accused's sentences should be concurrent rather than consecutive - See paragraph 9.

Criminal Law - Topic 5851

Sentence - Break and enter - Within 10-15 minutes, 21 year old accused broke windows in three premises with a baseball bat, then entered and searched them, but took nothing - Accused intoxicated - Amount of damages unproved at trial - Serious criminal record, including convictions for breaking and entering, one for attempted armed robbery - The Ontario Court of Appeal decreased the sentence from 18 months consecutive for each offence to 17 months (the time already served) - See paragraphs 3 to 10.

Counsel:

R.E. Pritchard, for the appellant;

J. Casey, for the respondent.

This appeal was heard before Dubin, Cory and Tarnopolsky, JJ.A., of the Ontario Court of Appeal on February 6, 1984. The decision of the Court of Appeal was delivered orally by Dubin, J.A., and released on March 23, 1984.