R. v. McCormick, (1979) 7 Man.R.(2d) 30 (CA)

• Judge: Monnin, Hall, Matas, O'Sullivan and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: April 18, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 7 Man.R.(2d) 30 (CA)

R. v. McCormick (1979), 7 Man.R.(2d) 30 (CA)

MLB headnote and full text

R. v. McCormick

Indexed As: R. v. McCormick

Manitoba Court of Appeal

Monnin, Hall, Matas, O'Sullivan and Huband, JJ.A.

April 18, 1979.

Summary:

This appeal arose when the Crown appealed a three month sentence of imprisonment following a conviction for armed robbery. The Crown argued that the sentence would not deter others from similar acts.

The Manitoba Court of Appeal dismissed the appeal and held that, although the sentence was unusually short for such a serious offence, it was still an appropriate sentence in the circumstances. Monnin, J.A., dissenting, would have allowed the appeal and imposed a sentence of 18 months imprisonment.

Criminal Law - Topic 5830

Sentencing - Considerations on imposing sentence - General - The Manitoba Court of Appeal discussed the factors to be considered in imposing sentence - See paragraphs 16 to 22.

Criminal Law - Topic 5837

Sentence - Considerations - Mitigating circumstances - The 20 year old accused took three valium pills and two drinks of rye without knowing what the consequences of the combination would do to his behaviour - The accused held up a gas station attendant holding a knife to the attendant's chest - The accused argued that he did not have a criminal intent because the drug and liquor confused his mind - The accused was convicted and the Crown appealed the accused's three month sentence of imprisonment - The Manitoba Court of Appeal dismissed the appeal and held that the accused's unwitting use of valium in combination with liquor, although self-induced, was a mitigating circumstance in considering the accused's sentence - See paragraphs 15 and 22.

Criminal Law - Topic 5855

Sentence - Robbery - Armed - Twenty year old male - No previous record - Steady employment - Offence occurred after the accused took three valium pills and two drinks of rye, without knowing what the effects of the drug and liquor would be on his behaviour - The Manitoba Court of Appeal affirmed a sentence of three months imprisonment.

Cases Noticed:

R. v. Vandale and Maciejewski (1975), 21 C.C.C.(2d) 250, consd. [para. 20].

R. v. Demeter and Whitmore (1978), 3 C.R.(3d) 55, folld. [para. 20].

Counsel:

D. Abra, for the appellant;

P.V. Walsh, for the respondent.

This appeal was heard by MONNIN, HALL, MATAS, O'SULLIVAN and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On April 18, 1979, judgment of the Court of Appeal was delivered and the following opinions were filed:

HUBAND, J.A. - see paragraphs 1 to 26;

O'SULLIVAN, J.A. - see paragraphs 27 to 36;

MONNIN, J.A., dissenting - see paragraphs 37 and 38.

HALL and MATAS, JJ.A., concurred with HUBAND, J.A.