R. v. Mertz, (1991) 2 B.C.A.C. 170 (CA)

• Judge: Lambert, Hutcheon and Legg, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 19, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 2 B.C.A.C. 170 (CA)

R. v. Mertz (1991), 2 B.C.A.C. 170 (CA);

    5 W.A.C. 170

MLB headnote and full text

Regina (respondent) v. Darrell Carey Mertz (appellant)

(No. VI01419)

Indexed As: R. v. Mertz

British Columbia Court of Appeal

Lambert, Hutcheon and Legg, JJ.A.

June 19, 1991.

Summary:

The accused pleaded guilty to theft and possession of a weapon for the purpose of committing the theft. The trial judge sentenced the accused to 30 months' imprisonment for possession of a weapon and eight months' imprisonment (concurrent) for theft. The accused appealed against sentence.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 5854

Sentence - Theft - The 30 year old accused and the complainant were drinking in the complainant's apartment - Both were drunk - The accused grabbed a kitchen knife and stole $400 from the complainant - The accused served 2.5 months' pretrial custody - He had a lengthy criminal record dating from 1978, including crimes of violence - The trial judge emphasized protection of the public in sentencing the accused to 30 months' imprisonment for possession of a weapon and eight months' imprisonment (concurrent) for theft - The British Columbia Court of Appeal dismissed the accused's sentence appeal.

Criminal Law - Topic 5871

Sentence - Possession of a weapon - [See Criminal Law - Topic 5854 ].

Counsel:

D. Mertz, on his own behalf;

   R.A. Mulligan, for the Crown.

This appeal was heard before Lambert, Hutcheon and Legg, JJ.A., of the British Columbia Court of Appeal.

On June 19, 1991, Hutcheon, J.A., delivered the following judgment orally for the Court of Appeal.