R. v. Moyan, (1991) 1 B.C.A.C. 37 (CA)

• Judge: Southin, Cumming and Hinds, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 03, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 37 (CA)

R. v. Moyan (1991), 1 B.C.A.C. 37 (CA);

    1 W.A.C. 37

MLB headnote and full text

Regina (respondent) v. Bernice Moyan (appellant)

(No. CA013892)

Indexed As: R. v. Moyan

British Columbia Court of Appeal

Southin, Cumming and Hinds, JJ.A.

June 3, 1991.

Summary:

An accused charged with attempted murder and aggravated assault pleaded guilty to the lesser included offence of assault causing bodily harm. The trial judge sentenced the accused to one year's imprisonment. The accused appealed against sentence.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 5883

Sentence - Assault causing bodily harm - The 39 year old female accused, her boyfriend and another couple were drinking and socializing - The accused unexplainedly and without warning broke her wine glass and slashed her boyfriend in the throat and arm - Absent prompt medical attention the injuries might have been fatal - The accused had two young children - Tragic childhood marked by spousal violence and alcoholism - Accused became an alcoholic and drug addict at an early age - The accused and her boyfriend still planned to marry - The British Columbia Court of Appeal dismissed the accused's appeal from a sentence of one year's imprisonment.

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 239, sect. 268(2) [para. 1].

Counsel:

Mr. Moyan, for the appellant;

   E. Bennett, for the Crown.

This appeal was heard before Southin, Cumming and Hinds, JJ.A., of the British Columbia Court of Appeal.

On June 3, 1991, Cumming, J.A., delivered the following judgment orally for the Court of Appeal.