R. v. Maytwayashing, (1979) 1 Man.R.(2d) 23 (CA)

• Judge: Freedman, C.J.M., Hall, Matas, O'Sullivan and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: April 17, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 23 (CA)

R. v. Maytwayashing (1979), 1 Man.R.(2d) 23 (CA)

MLB headnote and full text

R. v. Maytwayashing

Indexed As: R. v. Maytwayashing

Manitoba Court of Appeal

Freedman, C.J.M., Hall, Matas, O'Sullivan and Huband, JJ.A.

April 17, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1726

Offences against person - Robbery - What constitutes - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 302 - The accused accosted a pedestrian, pushed him against a building and punched him in the mouth - The victim's sun glasses were knocked off during the assault and the accused took them - The accused was convicted of robbery and appealed - The Manitoba Court of Appeal allowed the appeal and substituted convictions for two separate offences, assault and theft.

Criminal Law - Topic 5854

Sentence - Theft - The accused assaulted a pedestrian and took his sun glasses - The Manitoba Court of Appeal sentenced the accused to one year imprisonment for theft to run concurrently with six months imprisonment for assault.

Criminal Law - Topic 5861

Sentence - Assault - The accused assaulted a pedestrian and took his sun glasses - The Manitoba Court of Appeal sentenced the accused to six months imprisonment for assault to run concurrently with one year imprisonment for theft.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 302 [para. 1]; sect. 613(1)(b) [para. 4].

Counsel:

J.G. Dangerfield, for the Crown;

The accused/appellant in person.

This case was heard on April 17, 1979, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., HALL, MATAS, O'SULLIVAN and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On April 17, 1979, FREEDMAN, C.J.M., delivered the following judgment for the Court of Appeal: